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Union Pacific Fax 3/06/1998 11:48 PAGE 5/12 RightFAX ROE 880702 Foldc-1668-54.ENV Farm Approved,AVP-Law No work of any kind shell be perf0rme4 and no perso4 equipmeiff,machinery,tool(s),nhater;ags) vehicic(s),or thing{:)shall be located,operated,pk°cd,a stared within 25 feet of any of Railroads tradc(s)at any tiara, for any reason,unkm and until a Railroad flagmn a provtdcd to watch far trains,putiahant to the tams of the attached Exhibit"A'. All ecpancs omnaetedwith the fiMUsbiog of aaidllagmaa shall be at the sok oast and ocpc=e of the Licensee, who shall promptly pay to Railroad all charges connected tbczwitk within 30 days after presentation of a ball therefore. The rete of pay per hour for each loan will be the prevailing l>au'lY me in eifodt for as eigbt hoot dry for the class of men used dining regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed The current hourly rate of pay for Aasistatu Trade Foreman is S 14.40(Jatwary 1994). In addition to the cost of such labor,a composite charge of 129.62%for vacatkm,holiday,he>zlth&welfare,suppkmental skk=s, RaiilroadRairrmal&UC,suppleme ial peasim EuVL Liability&Property Damage and Administration wt71 be included computed an acoral payroll One and one�a}f tial®the eutrmt hariy rate is paid for overtime,Saturdays anal Sundays:two and one half times current hourly rate for holidays. Wage rates arc subject to change, at any time,by law or by agreement between the Railroad and its empk�,and easy be rwoscw as a rautlt d negotiations art ruling dim sutharmcd Govcr rr=tal Agency. Additiaoal chargcs on labor arc also subject to orange. If the wage rate or additional urges are changed,the Liomsee shall pay on the basis of the new rates said.charges. Reauburseaxm to the Railroad win be rtgwmd covering the fatal eight hoar day dt>nng which any flagman r9 futrushcd ursless he can be assigned to other Railroad work during a potion of such day.in which event rdmbursancut will not be required for the portion tithe day during whim the flagman is engaged in other work Reimbursement will also be required for eav day not actually worked by said flagman foilowmg his assig=cnt to work an the proj em for which the Railrcad is rcgttiredto pay the flagman and which could not reasonably be avoided by the Railroad Caatpany by assignment of such flagman to other work,even though the Licensee may not be waricmg during such time, Arrangements for flagging are to be made at least seventy-two(72)haus in advanoe of c«nrneneing worm with the Railroad Managr of Trade Maintenance, I COWIDEN1."LZY. A. The Parties adawwladge that any data err report obtained from any enviraunertal investigation and/or other related work that may be performed on Railroads Property.and all related dootrnmts,test resuks aid information (hrrcutafter"the Environmental Report")is omfidential in nature and agree that they shall dim-butt the Environmental Report to only those offioets, directors and empkyyea of Raikaed and Licensee who are directly irrvotmd in the environmental investigation andla other related wait that may be performed an the Railroads Property. B. The Lienee agrees to take all reasonable mesettnes to assure oomnumn caanrKlct;at and protecbm of the Em=cmaiisl Report mcllu is>g keeping eoptea to a math==and anintaining a log that i kntmes who has poasenaion CC the Envirotttuemal Report C. Adequate iastruc ions shall be issued by Railroad and the Licensee to all affected officers. directors, employees and 000stiltants of the Licensee as necessary to satisfy the coz-4dattmIdy provisions in this Section IX of this Agreement- D. greementD. The mosukanis or advisors hired by Licensee to conduct,prepare and review the Environmental Repan ahall not begin any work m the Property until such advisors or consulta>bs agree in writing to adhere to all the provisions cfthis Agm=alC +g,btu that bmitedto.rhocmfidmtiahty prwz=& LWCo5Cds ludas and legal oaahsd may also review the Enviroarneatal Repots but oily utter agreeing in writing to adhere to the 0011fideati110 provisions. E. The Lica wen agrees to turn the Envffu=Catal Report over to the Railroad including all oTics them Articles of Agreement Frage 3 0702n L0 39Vd -1d1N3WN0aIAN3 1HSIZIM ZSTGZ6860ZT ESOT 866T/90/50