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<br />UTILITIES X & E ROE 961001
<br />Form Approved. A VP-Law
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<br />in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the
<br />Railroad for any such fine, penalty, cost, or charge, including without limitation attorneys' fees, court costs and expenses. The Contractor further
<br />agrees in the event of any such action, upon notice thereof being provided by the Railroad. to defend such action free of cost. charge. or expense
<br />to the Railroad.
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<br />Section 6.
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<br />SAFETY INSTRUCTIONS.
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<br />Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this
<br />agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the
<br />following special safety rules shall be followed:
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<br />a). The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and
<br />adequately trained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on the job
<br />site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly
<br />notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may
<br />arise during the work perfonned on the job site. The Contractor shall have a non-delegable duty to control its employees, while they
<br />are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their
<br />possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe perfonnance of work by the employee.
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<br />b). The employees of the Contractor shall be suitably dressed to perfonn their duties safely and in a manner that will not interfere
<br />with their vision, hearing or free use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg
<br />are to be worn. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear
<br />sturdy and protective work boots and at least the following protective equipment:
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<br />(1) Protective head gear that meets American National Standard-Z89.1-latest revision. It is suggested that all hard hats
<br />be affixed with Contractor's or subcontractor's company logo or name.
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<br />(2) Eye protection that meets American National Standard for occupational and educational eye and face protection,
<br />Z87 .I-latest revision. Additional eye protection must be provided to meet specific job situatiohs such as welding, grinding,
<br />burning, etc.; and
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<br />(3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on
<br />the job site.
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<br />c). All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the
<br />opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's
<br />right-of-way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's
<br />right-of-way.
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<br />Section 7.
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<br />INDEMNITY.
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<br />a). As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the
<br />Contractor's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action,
<br />penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of
<br />persons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any
<br />other person); and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks,
<br />equipment, or other property of the Railroad, or property in its care or custody).
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<br />b). As a major inducement and in consideration of the license and pennission herein granted, the Contractor agrees to indemnify and hold
<br />hannless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under
<br />this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission- or negligence
<br />arising out ofperfonnance or nonperformance of this agreement. However, the Contractor shall not indemnify the Railroad when the Loss is
<br />caused by the sole negligence of the Railroad.
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<br />Exhibit B
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