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Union Pacific Fax 3/06/1998 11:48 PAGE 8/12 RightFAX ROE 420316 Fromm Amwod,AVP-La- employed VP-La vemployed by or on behalf of any telecommunicatiora cornPany,ani/or its contrator,agents and/or employees,on Railroad property, Licensee shad not have or seek reeotuse against Rc*oad for any ek*n or cause of action for aileged lase of profits or reverasa or keg of service or other cons equargial damage to a telecommla iaation company using Aailro®ds property or a cus tomer or user of services of the fiber optic came on RaaarQc d`s property. Section 7- MNT IANC ETH LAW , In to prosacufm of the work covered by this agrevrnenL the Licernes sh311 comply with all appli=ble federal,state and local laws,regulatiam and armirnents affecting the weak.The Licensee shall use only such lnethoas cm are consistent with safety. both as concerts the Lweseee,the Ucesseeb agents and employees,the officers,agents,employees and property of the Rcdksoad and the public ingeneraL The Licensee(without limiting the generality of the foregoing)shaD comply with all applicable state and federal occupah,,al safety and health acts and regulations. AD Federal P46mad Administration regtilatlars s hall be followed when work is performed on the Raalroad's property. If any failure by the Licenses to comply with any such laws, regulations, and enactments.shoji result in any fine,petxfky,coat or charge beim assessed impoeed or charged ogaumt the Railroad the Licensee shall reimtnaae anti indemnify the Railroad for any such fine,penalty,cost,or charge, including without limitation attcrrte)�s fees. court costs and expenses. The Licersee further agrees to the event of any such action upon notice thereof being provided by the Railroad to defend such action free of coat.charge,or expense to the Raikoozi. Section 8- SAEM iNSt RUCITONS. Safety of person nei.property,rail operations and the public is of paramount importance in the prosecution of the work pursuaorj to this agreement As reinforcement and in furtherance of overall safety measures to be almerved by the Licensee(arid not by way of limitation), the following special safety rules shall be foIlowed CO The Licensee shall keep tha job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. The Licensee shall have proper first and supplies availdDle on the ob site s that prompt fest aid services can be provided to any person that may be irslu red an the Job site. The licensee shall promptly notify the Pcilroad of oily US.Oc Safety and Health Admmstration reportable iquanes occurring to city person that may arise during the work performed on the job site.The Licensee a hall have a non-delegable duty to control its employees, while they are on the job site or any other property cf the Railroad to be certain they do not use,be under the influence cf,or have in their possession any alcoholic beverage or tllegaily obtained drug, narcotic or other substance that may inhibit the safe performance of work by an employee. b) The employees of the Licensee shall he suitah)y dressed to perform their duties safely and in a manner that will not interfere with their vision,he=ng or free use of their ho:rLds or feet. Only waist length ahu a with sleeves and trousers that cover the entire leg are to be wom If flare-legged trotaers are worn,the trouser bottoms must be tied to prevent catching. The empkayees should wear shady and pralective foctwew. Employees shall not wear boats(other thanwork boots).sandals,carnrus-type shoes or other shoes that have thin soles or heels that era higher than no-nal. In addition.the Licensee shall require its employees to wear pereanci protective equ ipme nt ao specified by Railroad rules,regulations or Railroad officials overlooking the workal the job site. In particular,the protective equipment to be wem shall be: 1) protective head goar that rneets Arnerican Ncfic xd St>s%kmd-289.1-latest revision It�&suggested that all hardhats be affized with Licensee's or suhconlr ctors company logo or crone. z Eye protection thad meets Anvric=Ncdtonai Stn ai=d for occupational and educadionai eye and face protection Z87.:4atesi revision Additicnaf eye protection must be provided to meet specific job sttmaticm such as welding,grinding, burning, etc.:and 3) I-yecrmq protectianwlach o$ordx erau gh attenuation to give protection from noise lemic that will be occuaning an the dab s ite. C) All heavy equipment provided or leased by the Llcarnee shcO be equipped with atadnl le back-up warning devieea. If in the opinion of the Atdlroad Representative any of Licensee's or any of its stibccntrac r`s equipment is unsafe for tree on the Rakaads rngi d- woy,the Ucsrssee,cit the request of the RmIroad Representa ave,shall remove such equipment from the Railroads right-cf-way. `4hanlrnoezba a:s 1 2 of 3 P..r.Jabit A I:�faaaalroevab�k�o 0T 39Vd _1ViN3WNObIAN3 1HODIM ZSTSZE860ZT £9:0T 866T/90/90