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EXHIBIT 4 <br /> determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish <br /> copies of Railroad's Safety Standards to each of its employees before they enter Railroad property. <br /> http://www.up.com/cs/groups/public/C)-uprr/(a)suppliers/documents/up pdf nativedocs/pdf up supplier safety <br /> req.pdf <br /> B. All personnel employed by the Agency, Contractor and all subcontractors must complete the <br /> Railroad's course "Property Access Training" and be registered prior to working on Railroad property. This <br /> training is available at www.up.com/up-pat. This training is required to be completed annually. <br /> C. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free <br /> from safety and health hazards and ensure that its employees are competent and adequately trained in all safety <br /> and health aspects of the job. <br /> D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid <br /> services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any <br /> U.S. Occupational Safety and Health Administration reportable injuries, Contractor shall have a nondelegable <br /> duty to control its employees while they are on the job site or any other property of Railroad, and to be certain <br /> they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other <br /> substance that may inhibit the safe performance of any Work. <br /> E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's <br /> safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to <br /> require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if <br /> there are any inconsistencies between this agreement and the Safety Plan. <br /> Section 8. INDEMNITY. <br /> A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL <br /> INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR <br /> OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN "INDEMNIFIED PARTY" OR COLLECTIVELY <br /> "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, <br /> CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS, <br /> CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, <br /> "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, <br /> CONTRACTOR,OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY)ARISING OUT <br /> OF OR IN ANY MANNER CONNECTED WITH(1)ANY WORK PERFORMED BY CONTRACTOR, OR(11)ANY <br /> ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III)ANY BREACH <br /> OF THIS AGREEMENT BY CONTRACTOR. <br /> B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON <br /> OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY <br /> NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS <br /> CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE <br /> FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF <br /> ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. <br /> C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY <br /> UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. <br /> CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR <br /> INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. <br /> 4 <br />