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CROE — Texas City /County — ExB
<br />Form Approved AVP -Law 031210 BUILDING AMERICA°
<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
<br />limitation, all 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
<br />performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations
<br />and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in
<br />Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of
<br />Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety
<br />standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees
<br />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
<br />hazards 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
<br />any 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
<br />job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their
<br />possession 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
<br />work (the "Safety Plan "). Railroad shall have the right, but not the obligation, to require Contractor to correct any
<br />deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this
<br />Agreement and the Safety Plan.
<br />Section 8. INDEMNITY.
<br />A. TO THE EXTENT NOT PROHIBITED BY APPLICABLE STATUTE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND
<br />HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES
<br />( "INDEMNIFIED PARTIES ") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM,
<br />DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND
<br />EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS ") INCURRED BY ANY
<br />PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF
<br />CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (1)
<br />ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
<br />AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.
<br />B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT
<br />GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF
<br />ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN
<br />INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT
<br />JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE
<br />RECOVERY OF ANY OTHER INDEMNIFIED PARTY.
<br />C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR
<br />CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY
<br />IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO
<br />INDEMNIFY RAILROAD UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS
<br />MUTUALLY NEGOTIATED BY THE PARTIES HERETO.
<br />D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION
<br />ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED
<br />UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST RAILROAD.
<br />CROE — Texas City /County — Ex6 Page 3 of 4 Exhibit B
<br />Form Approved AVP -Law 031210 General Terms & Conditions
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