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Contractor's ROE (Generic) - ExB
<br />Form Approved - AVP Law 07 -09 -07 BUILDING AMERICA,
<br />-nd materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular
<br />crossings of Railroads tracks except at existing open public crossings.
<br />B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused
<br />by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to
<br />Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad
<br />and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other
<br />activities by Railroad takes precedence over any work to be performed by Contractor.
<br />Section 4. LIENS.
<br />Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor.
<br />Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced
<br />against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and
<br />against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of
<br />such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record,
<br />Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
<br />Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
<br />A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme
<br />importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits.
<br />Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,
<br />except holidays) at 1- 800 - 336 -9193 (also a 24 -hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried
<br />anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications
<br />company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber
<br />optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been
<br />accomplished.
<br />B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from
<br />and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses)
<br />arising out of any act or omission of Contractor, its agents and /or employees, that causes or contributes to (1) any damage to or
<br />destruction of any telecommunications system on Railroad's property, and /or (2) any injury to or death of any person employed
<br />by or on behalf of any telecommunications company, and /or its contractor, agents and /or employees, on Railroad's property.
<br />Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue
<br />or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or
<br />user of services of the fiber optic cable on Railroad's property.
<br />Section 6. PERMITS - COMPLIANCE WITH LAWS.
<br />In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall
<br />comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all
<br />applicable Federal Railroad Administration regulations.
<br />Section 7. SAFETY.
<br />A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed
<br />by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in
<br />connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit C, hereto
<br />attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety
<br />responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to
<br />good safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the job site.
<br />B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards
<br />and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
<br />C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any
<br />person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health
<br />Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job
<br />site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
<br />any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
<br />D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
<br />(the "Safety Plan "). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the
<br />Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
<br />Plan.
<br />Contractor's ROE (Generic) - ExB Page 2 of 3 Exhibit B
<br />Form Approved - AVP Law 07 -09 -07 General Terms & Conditions
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