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_ ~ 02i03i94 1644 S 303 790 4850 MINERS INC P.03 <br />4. Contractor agrees to: <br />(a) Perform that portion of the work on Railroad premises in accordance <br />with plans and specifications approved by Railroad in such manner sad <br />at such times as sha11 not endanger or interfere with Railroad's <br />operations end in accordance with the regulations of Railroad and <br />instructions of Railroad's representative. Contractor shall submit to <br />Railroad for approval all construction details, falsework and other <br />incidentals not detailed 1n plans, insofar ns they affect Railroad. <br />(b) Co-ordinate all work with the appropriate Railroad officials, giving <br />five (5) working days written notice prior to commencing work on Railroad <br />premises, and providing written notification (5) flue days after all work <br />1s completed. <br />(c) Keep all equipment, tools and materials stored at least fifteen (15) <br />feet from the centerline of any operable track. Explosives or other <br />highly inflammable substance will not be stored on Railroad premises <br />without the prior approval of Railroad's representative. <br />(d) Remove e11 of Contractor's tools, equipment and materials from <br />Railroad premises promptly upon completion of work, restoring Railroad <br />premises to the same state end condition as when Contractor entered <br />thereon. <br />(e) Reimburse Railroad for all cost and expense incurred by Railroad <br />in connection with said work, including without limitation the expense <br />of furnishing such inspectors, watchmen, flagmen, and additional train <br />service employees as the Railroad may deem necessary in order to safely <br />operate its trains in the area of the Nawk's Nest Sita; protect it's <br />employees, equipment, and roadway; provide appropriate levels of service <br />to its shippers; and insure the restoration of the Railroad's property <br />to the same condition as when Contractor entered thereon, or to a <br />condition satisfactory to Railroad's representative at the conclusion <br />of the work. <br />(f) Remove any lien against Railroad's property arising from performance <br />of work hereunder by Contractor or any subcontractor. <br />5. The Contractor agrees to and shall indemnify and hold harmless <br />Railroad, its officers, agents and employees from and against any and <br />all claims, demands, losses, damages, causes of action, suits and <br />1labilities of every kind (including reasonable attorneys fees, court <br />costc and other expenses related thereto) for injury to or death of <br />a person or for loss of or damsge to any property, arising out of or <br />in connection with or resulting from any work or activity performed <br />by Contractor, its subcontractors, agents or employees under this <br />contract, regardless of whether it is caused in part by Railroad. <br />6. Prior to the start of work or occupancy of premises under this <br />agreement, Contractor agrees to procure end maintain, at its sole <br />cost and expense, the following kinds of Insurance with an insurer <br />or insurers and in a form satisfactory to Railroad: <br />z. <br />