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shall exercise complete and exclusive control over and responsibility for all aspects of hiring,
<br />employment, supervision, direction, hours, working conditions, compensation, discipline and
<br />discharge for all individuals engaged to carry on work arising from or relating to operations to be
<br />performed under this Agreement. Lessee shall comply with all present and future federal, state
<br />and local ordinances, rules and regulations pertaining to the duties and obligations arising out of
<br />the employer /employee relationship, including, but not limited to, unemployment compensation,
<br />social security, withholding taxes, state workers' compensation, wage and hours laws, wage
<br />payment and collection laws, federal and state safety laws, occupational disease compensation
<br />and all other applicable rules and regulations promulgated under such laws.
<br />ARTICLE S
<br />INDEMNIFICATION
<br />5.1 Indemnification
<br />a. Lessee shall indemnify, defend and hold harmless Lessor, its affiliated
<br />companies and assigns and lessees, as well as their officers, directors, employees and agents,
<br />from and against, any and all claims, demands, suits, proceedings, judgments, losses, liabilities,
<br />damages, obligations, civil penalties, costs and expenses of every kind (including, without
<br />limitation, reasonable attorney's fees) ( "Damages "), regardless of when made, arising from or
<br />growing out of or in connection with any of the following (i) any operations, work or other act
<br />• done by Lessee in, on or about the Jansen Facility or any part thereof; (ii) any use, non -use,
<br />possession, occupation, condition, operation, maintenance or management by Lessee of the
<br />Jansen Facility or any part thereof; (iii) any negligence on the part of Lessee or any of its agents,
<br />contractors, servants, employees or invitees (other than the gross negligence or intentional
<br />wrongdoing of the Lessor or any of its officers, directors or agents); (iv) any accident, injury
<br />(including death) or damage to any person or property (including loss of use) occurring in, on or
<br />about the Jansen Facility or any part thereof during the term of this Agreement; (v) any breach of
<br />or default in the performance by Lessee of any covenant, agreement or obligation to be
<br />performed or complied with by Lessee under this Agreement; or (vi) any claims made by any
<br />governmental agency, including, but not limited to the Federal Railroad Administration and the
<br />Surface Transportation Board, for violations of applicable laws or regulations.
<br />b. Lessee's indemnity obligations under this Agreement shall survive the
<br />cancellation, termination or expiration of this Agreement.
<br />ARTICLE 6
<br />INSURANCE
<br />6.1 Insurance Lessee shall maintain at its sole cost and expense, and shall require
<br />any subcontractors it may engage to perform any work at the Jansen Facility to maintain, at all
<br />times during the term of this Agreement, the insurance coverages set forth below with full policy
<br />limits applying, but not less than as stated:
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