Laserfiche WebLink
five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is <br />not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, <br />even though flagging is no longer required for that period. An additional ten (10) days notice must then be <br />given to Licensor if flagging services are needed again after such five day cessation notice has been given <br />to Licensor. <br />Section 5. SAFETY. <br />A. Safety of personnel, property, rail operations and the public is of paramount importance <br />in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes <br />precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee <br />shall be responsible for initiating, maintaining and supervising all safety operations and programs in <br />connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum <br />comply, with Licensor's then current safety standards located at the below web address ("Licensor's <br />Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces. As <br />a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of <br />Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall <br />furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad <br />Property. <br />Union Pacific Current Safety Requirements <br />B. Licensee shall keep the job site on Railroad Property free from safety and health hazards <br />and ensure that their employees are competent and adequately trained in all safety and health aspects of <br />the work. <br />C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside <br />of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and <br />uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered <br />to be done by Licensee at any time that would in any manner impair the safety thereof. <br />D. Licensor's operations and work performed by Licensor's personnel may cause delays in <br />Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that <br />Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee <br />must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field <br />Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; <br />EMERGENCIES" Section of this Exhibit <br />E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for <br />the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, <br />maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. <br />In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay <br />Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. <br />F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities <br />only upon the prior authorization from and under the direction of Licensor's Field Representatives. <br />Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's <br />then -current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including <br />any applicable Federal Aviation Administration regulations and enactments pertaining to UAS. <br />REV: 02-19-21 RL <br />ATTY/AGR.2021.037/UPRR (Sobralo Recycled Water Main Crossing) (Page 9 of 15) <br />