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ROE 920316
<br />Forth Approved, AVP-Law
<br />work performed. The Licensee shall indemnify and hold harmless the Railroad from and against any and
<br />all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing
<br />out of such work done, labor performed, or materials furnished.
<br />Section 6 - FIBER OPTIC CABLE SYSTEMS.
<br />In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and
<br />hold the Railroad harmless from and against all costs, liability and expense whatsoever (including,
<br />without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the
<br />Licensee, its contractor, 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 (2) any injury to or death of
<br />any person employed by or on behalf of any telecommunications company, and/or its contractor, agents
<br />and/or employees, on Railroad's property. Licensee shall not have or seek recourse against Railroad for
<br />any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential
<br />damage to a telecommunication company using Railroad's property or a customer or user of services of
<br />the fiber optic cable on Railroad's property.
<br />Section 7 - COMPLIANCE WITH LAWS.
<br />In the prosecution of the work covered by this Agreement, the Licensee shall comply with all
<br />applicable federal, state and local laws, regulations and enactments affecting the work. The Licensee
<br />shall use only such methods as are consistent with safety, both as concerns the Licensee, the Licensee's
<br />agents and employees, the officers, agents, employees and property of the Railroad and the public in
<br />general. The Licensee (without limiting the generality of the foregoing) shall comply with all applicable
<br />state and federal occupational safety and health acts and regulations. All Federal Railroad Administration
<br />regulations shall be followed when work is performed on the Railroad's property. If any failure by the
<br />Licensee to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost
<br />or charge being assessed, imposed or chazged against the Railroad, the Licensee shall reimburse and
<br />indemnify the Railroad for any such fine, penalty, cost or charge, including without limitation attorneys'
<br />Fees, court costs and expenses. The Licensee further agrees in the event of any such action, upon notice
<br />thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the
<br />Railroad.
<br />Section 8 - SAFETY INSTRUCTIONS.
<br />Safety of personnel, property, rail operations and the public is of paramount importance in the
<br />prosecution of the work pursuant to this Agreement. As reinforcement and in furtherance of overall
<br />safety measures to be observed by the Licensee (and not by way of limitation), the following special
<br />safety rules shall be followed:
<br />a. The Licensee shall keep the job site free from safety and health hazards and ensure that its
<br />employees are competent and adequately trained in all safety and health aspects of the job. The Licensee
<br />shall have proper first aid supplies available on the job site so that prompt first aid services can be
<br />provided to any person that may be injured on the job site. The Licensee shall promptly notify the
<br />Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any
<br />person that may arise during the work performed on the job site. The Licensee shall have anon-delegable
<br />duty to control its employees, while they aze on the job site or any other property of the Railroad to be
<br />certain they do not use, be under the influence of, or have in their possession any alcoholic beverage or
<br />illegally obtained drug, narcotic or other substance that may inhibit the safe performance of work by an
<br />employee.
<br />Exhibit B
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