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Union Pacific Fax 3/06/1998 11:48 PAGE 7/12 RightFAX ROB 910316 Form Approved,AVP-Lw EaMIT Section 1 - ii=or cola FNG'E)Y=OF W RK-5 ACC2a ?!�e I icersee gees to notify the Railroad Representative at least 48 hours in advance of Licernee commencing its work andat least 24 hu=in advance of proposed perfwmcasae of CM work by the License in which any person or equipment will be within 25 feet of any track or will be nes:enough to any track that any equ►pmeni extension(such aa,but not limited to,a crane bourn)will reach to witim 25 feet of any track Upon receipt of such notice,the Rcriirocd Representative will determine and inform the Licensee whether a flagman need be present and whether the Licensee need implement any special protective or safety measures. U any flagman or ethar special protective or safety mecuuaes are performed by the Railroad,such services will be provided at Licerneers expense withfhe understx-Anq that if the Railroad provider any flagging or other services the Licereee shall not be relieved of any of its responsibilities or liabilities eat forth herein Section 2- r IM11ATION ANT'51ranR171NA110N OF N Q) The foregoing grant of nght is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its ensure property including the rigtrt and power of the Rm7rood to corstnxt,moiniain,repair.renew,use, operate, change,modify or relocate railroad tracks,roa iwaya,signal.communication,fiber optics,or other wireifnea.pipelinm and other facilities upon along or across env or ail parts of its property,all or arty of which may be freely done at aizy time or times by the Railroad without liability to the licensee or to any other party for compensation or damages. b) rune foregoing grant is also subject to all outstarrding superior rights(including those in favw of licensees and lessees of the Railroacrs property,and others)and t'*right of the Railroad to renew and extend the same,and is made without covenant of title or for quiet an)aymerrt Section 3- NO TxT,ES Z• ILROC S OPERATION. No work performed by Licensee shall cause arty interference with the constant,continuous and uninterrupted Lae of the trucks.property and facilities of the Rmlrcad its lessees,licensees or(;U-ars,unless specifically permitted under this agreement, or specifically authorized in advance by the Ra&ccid Representative. Nothing shall he done or suffered to be done by the licensee at any time that wa uld in ary rrzurer impair the safety thereof. When not in use.Ucensee,5 machinery and materiala shall be kept at least 50 feet from the centerline of Railroads newest track cm3 there shall be no mossir� of Railroads tracks except at exis ting open public crossings. Section 4- PERMTT Prior to beginning err, work the Licensee. at its sole expense, shall obtain all necessary permits to perform any work contemplated by this agreemenL Section 5- MECHANICS LMS. he Licensee shzn pay in full ail persons who pvrfnrn 1®cc or provide materials for the work to be performed by Licensee. The Licersee still not create,permit or suffer any mech=c—s or materiaimerts liens of any kind or nature to be enforced against any property of the Rctilrcx:d for any such work performed. T'he Licensee s hall indemnify and hold ha mless the Railroad from and agrarst any cmd ail liens.claims,demands.costs or expenses of whatsoever nature in any way connected with or growing out of such work dome,labor performed or materials furnished. Section 6- FMM CMt :CAM P SY5TF1vSfi- in audition to other inderrutity provlsioru in this Agreement,the Licensee shall indemnify and hold the Railroad harmless from and against all coats,)idbaity and expense whatsower(including,without limitation,attorney's fees,court costs and expenses) arising out of any act or omission of the Licensee,its contractor,agents and/or employees,that causes or cardribuies to(1)any damage to or destruction of Cary telecommuaticatiorn system onRedlroads property,and M any ir4ury to or death of any person �4banurvcoalu.asa Pap 1 oda Bzknbit A 1:1faro�uroaexha.kjo 60 3Edd -1ViN3WNObIAN3 1H9INM ZSTSZE86OZT ESOT 866T/90/SO