SOUTHERN PACIFIC - FT 079229 - Laserfiche WebLink

SPTCo. 6 and other facilities at said location. No materials, tools or equip- ment shall be stored within ten (10) feet of the center line of any track. The regulations of Railroad and the instructions of its representatives shall be complied with.relating to the proper manner of protecting the tracks, pipelines, wire lines, signals and all other property at said location, the traffic moving on such tracks and the removal of tools, equipment and materials. 6. Contractor hereby releases and agrees -to indemnify Railroad from and against all cost, expense., claims and liability for injuries to or death of persons (including, but not limited to, passengers and employees of Railroad) , and damage to or loss of property (including but not limited to, property owned, leased, occupied or used by or in the care, custody or control of Railroad or the employees of Railroad) bowsoever the same may be caused, resulting from, arising out of or in any way connected with the prosecution of the work under said contract upon or adjacent to Railroad's property at said location, whether or not caused or contributed to by the operation of trains on Railrcad's ad- jacent track, except when due to the sole negligence of any of Railroad's agents or employees. For purposes of this section 6, the term "Railroad" shall include any other railroad company using Railroad's property at said location with Railroad's consent and any affiliate, subsidiary or lessor of Railroad. 7. Should railroad bring suit to compel performance of or to re- cover for breach of any'covenant or condition contained herein, Contrac- tor shall pay to Railroad reasonable attorney fees in addition to the amount of judgment and costs. 8. Prior to the performance of any work upon or adjacent to Rail- road's property under said contract, Contractor shall furnish Railroad, at Contractor's expense, a certified copy of a public liability and property damage liability insurance policy issued in the name of the Contractor c.overing the contractual liability assumed by Contractor under section 6 hereof. The form, substance and limits of said insurance policy shall be subject to the approval of Railroad and shall be in compliance with the provisions contained in the insert marked "Exhibit "A" bereto attached and made a part hereof. Contractor shall keep said insurance in full force and effect until all work to be performed upon or adjacent to Railroad's property under said contract is completed to the satisfaction of and accepted by Third Party and thereafter until Contractor has fulfilled the provisions of this agreement with respect to the removal of tools, equipment and mate- rials from Railroad's property. Said policy shall name Railroad as additional insured. 9. The permission herein given shall not be assigned by Contractor without the prior %ir-it,ten consent of Railroad, except in the case of RR -C-2 PAGE 5