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<br />UTIUTIES X&: E ROE 980112
<br />Form Approved, A VP-Law
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<br />EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
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<br />Section L
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<br />NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
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<br />The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least
<br />24 hours in advance of proposed perfonnance of any work by the Contractor in which any person or equipment will be within 25 feet of any track,
<br />lr will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any
<br />rack. Upon receipt of such notice, the Railroad Representative will determine and infonn the Contractor whether a flagman need be present and
<br />vhether the Contractor need implement any special protective or safety measures. If any flagmen or other special protective or safety measures
<br />are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any
<br />flagging or other services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein.
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<br />Section 2.
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<br />NO INTERFERENCE WITH RAILROAD'S OPERATION.
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<br />No work perfonned by Contractor shall cause any interference with the conStant, continuous and unintenupted use of the tracks, property
<br />and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically autborized in
<br />advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner
<br />impair the safety thereof. When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's
<br />nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings.
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<br />Section 3.
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<br />MECHANIC'S LIENS.
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<br />The Contractor shall pay in full all persons who perfonn labor or provide materials for the work to be perfonned by Contractor. The
<br />Contractor shall not create, pennit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any
<br />property of the Railroad for any such work perfonned. The Contractor 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 out of such work done, labor perfonned,
<br />or materials furnished.
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<br />Section 4.
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<br />PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
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<br />a). Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance
<br />since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the
<br />~Iroad at 1-800-336-9193 (a 24-hour number) to detennine iffiber optic cable is buried anywhere on the Railroad's premises to be used by the
<br />:ontractor. If it is, Contractor will telephone the telecommunications coplpany(ies) involved, arrange for a cable locator, make arrangements
<br />>r relocation or other protection of the fiber optic cable, all at Contractor's expense, and will commence no work on the right of way until all
<br />..ilch protection or relocation has been accomplished.
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<br />b). In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify and hold the Railroad harmless D-om and
<br />against aU costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act
<br />or omission of the Contractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any
<br />telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any
<br />telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse
<br />against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a
<br />telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property.
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<br />Section 5.
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<br />COMPLIANCE WITH LAWS.
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<br />In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary pennits and shall comply
<br />with all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as
<br />are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property
<br />of the Railroad and the public in general. The Contractor (without limiting the generality of the foregoing) shall comply with all applicable state
<br />and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work
<br />is perfonned 011 the Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result
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<br />Exhibit B
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