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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. <br />As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any <br />of 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 />B. Licensee shall keep the job site on Railroad Property free from safety and health <br />hazards and ensure that their employees are competent and adequately trained in all safety and health <br />aspects of the work. <br />C. Licensee represents and warrants that all parts of Licensee's Facilities within and <br />outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, <br />and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or <br />suffered 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 <br />in 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 <br />for the safety of Licensofs operations and trackage during Licensee's or its contractor's construction, <br />maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's <br />Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee <br />shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this <br />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 />Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. <br />Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic <br />cable systems is of extreme importance since any break could disrupt service to users resulting in <br />business interruption and loss of revenue and profits. In addition to the notifications required under the <br />"NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee <br />shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is <br />buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the <br />telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for <br />relocation or other protection of the fiber optic cable, all at Licensee's expense, and will not commence <br />any work on Railroad Property until all such protection or relocation has been completed. <br />Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 N. (402) 501-0340 <br />