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Union Pacific Fax 3/06/1998 11;48 PACE 9/12 RightFAX ROE 420316 Form Approved.AVP•Lw Section 9- jNDE2,4M=C. a) As inedin this Section.Tzilroad,includes other railroad cornpanies using the Railroads property at or now the location of the ucerseeb installation and their officers,agents.and employees:"Loss"includes loss,damage,claims,demands,actions. cataes of action penalties.costs,and expenees W whatsoever nature,including court costs and attorneys'fees,which may result frorrc (a)injury to or death of perscm whomsoever(including the Ragoads officers,agertts.and employees.the Lacer ea's officers, agents,and employees,as well as any other person?:and(b)damage to or loss or destruction of property whatsoever(including licensees property.damage to the roadbed tracks,equipment or other prop"of the Railroad or property in its care or custody). b) As a major irziucemerrt and inconsideration of the license and per=sicn herein grarded the licensee agrees to indemnify and hold hc=%less the Railroad from arty Loss which is due to or arises from any carne and is associated in whole or in pant with the work psrformed under this agreement a breach of the agreemerA or the failure to observe the health asd safety provisions herein,or any activity or omission arsirg out of performance or nonperformance of this agreement;regardless of whether catered solely or contribiAed to in part by the negligence or fault of the RculroacL C) Any liability of either pasty hereunder to one of Its employees under any Workers' Compensation Act or the Federal Employers'liability Act shall not be questioned or in any way challenged by the other party,nor shall any jury or court findings, resulting from any employee's suit a9=t either party ptasucrrd to any such Act(s),be relied upon or used by either party in any attempt to assert common law liability agairat the other. Section 10- RESi RAIMN OFA• in the event the Railroad auff=-nes the Licensee to take down arry fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be perionned by ljcensee,then in that event the licensee shod,as soon as passible and at Lkvrsees sola expense.restore such fence and other property to the same condition m the same wore in before such fence was taken down or s,xh other property wca moved or disttabed,and the Licensee shop indemnify and hold harmless the Railroad, its officers,agents and employees, against and from arry and all liability, loss, damage:, claima. dwnands,arts and expenses of whatsoever naAue,arising from the iakuV down of any fence or the moving or ciish rba:nce of arry other property of the}zdlro Section 11 - WAZEM OF BREACH, The waver by the Rmlrvad of the breach of any condition covenant or agreement herein centafned to be kept observed and performed by the Licensee shall in no way impair the right of the Railroad to avail itself of CMV remedy for any sub"TM1711 breach thereof. Section 12 'aie Licensee slnbl not asaigl sublet or subcontract this agreement,or or y interest thereisr,without the written consent of the R mood and arty attempt to so assign,suhiet or subcontract without the written consent of the Railrood ahaA be void If the Railroad gives the I-icersee permiesion to subcontract all or any portion of the work herein descn'becl the Licensee is and shall jvm=rasporsiHe for allwork of subcor*roct=and all work of subcontractors shall be governed by the terms of this agreement =:tshu \roeexha.cxa Pam 3 of 3 Bxtabir A 1:lfame��•kp TT 3rJ17d -1ViN3WN021IAN3 1HOD�M ZSTSZE860ZT ES:01 866T/90/90