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<br />~ ~ BUILDING AMERICA- <br /> <br />Contractor's Permit ExA 03/01105 <br />Form Approved, AVP~Law <br /> <br />C. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be <br />provided to any person injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety <br />and Health Administration reportable injuries. The Contractor shall have a nondelegable duty to control its employees while they <br />are on the job site or any other property of the Railroad, and to be certain they do not use, be under the influence of, or have in <br />their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. <br /> <br />D. If and when requested by the Railroad, the Contractor shall deliver to the Railroad a copy of the Contracto~s safety plan <br />for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require the Contractor to <br />correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between <br />this agreement and the Safety Plan. <br /> <br />Section 8. <br /> <br />INDEMNITY. <br /> <br />A. To the extent not prohibited by applicable statute, the Contractor shall indemnify, defend and hold harmless the <br />Railroad, its affiliates. and its and their officers, agents and employees ('"Indemnified Parties") from and against any and all loss, <br />damage, injury. liability, claim, demand, cost or expense (including. without limitation, attorney's. consultant's and expert's fees, <br />and court costs), fine or penalty (collectively, "Loss") incurred by any person (including. without limitation. any Indemnified Party. <br />the Contractor. or any employee of the Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) <br />any work performed by the Contractor, or (ii) any act or omission of the Contractor. its officers, agents or employees, or (iii) any <br />breach of this agreement by the Contractor. <br /> <br />B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall <br />apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active <br />negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active <br />negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. <br /> <br />C. The Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought <br />by the Contractor's own employees. The Contractor waives any immunity it may have under worker's compensation or industrial <br />insurance acts to indemnify the Railroad under this Section 8. Contractor acknowledges that this waiver was mutually <br />negotiated by the parties hereto. <br /> <br />D. No court or jury findings in any employee's suit pursuant to any worke~s compensation act or the Federal Employers' <br />liability Act against a party to this agreement may be relied upon or used by the Contractor in any attempt to assert liability <br />against the Railroad. <br /> <br />E. The provisions of this Section 8 shall survive the completion of any work performed by the Contractor or the termination <br />or expiration of this agreement. In no event shall this Section 8 or any other provision of this agreement be deemed to limit any <br />liability the Contractor may have to any Indemnified Party by statute or under common law. <br /> <br />Section 9. <br /> <br />RESTORATION OF PROPERTY. <br /> <br />In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or <br />disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the <br />Contractor shall. as soon as possible and at Contracto~s sole expense, restore such fence and other property to the same <br />condition as the same were in before such fence was taken down or such other property was moved or disturbed. The <br />Contractor shall remove all of Contracto~s tools, equipment, rubbish and other materials from Railroad's property promptly upon <br />completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. <br /> <br />Section 10. <br /> <br />WAIVER OF DEFAULT. <br /> <br />Waiver by the Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, <br />observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any <br />subsequent breach or default. <br /> <br />Section 11. <br /> <br />MODIFICATION. ENTIRE AGREEMENT. <br /> <br />No modification of this agreement shall be effective unless made in writing and signed by the Contractor and the <br />Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between <br />the Contractor and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether <br />written or oral, with respect to the work to be performed by the Contractor. <br /> <br />Contractor's Permit ExA 03/01/05 <br />Form Approved, AVP-law <br /> <br />Page 3 of4 <br /> <br />Exhibit A <br />To Contractor's Permit <br />