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Contractor's ROE(Generic)-ExB
<br /> Form Approved-AVP Law 07-09-07 BUILDING AMERICA. PAtt"`
<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 onRailroad'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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