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• <br /> (b) The Contractor will be responsible for the rearrangement of any facilities or Lines <br /> determined to interfere with the construction. The Contractor must cooperate fully <br /> with any telecommunications company(ies)in performing such rearrangements. <br /> (c) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering <br /> representative ( ) to stop construction at no cost to the Agency or <br /> BNSF until these items are completed. <br /> (d) In addition to the liability terms contained elsewhere in this Agreement, the contractor <br /> hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, <br /> liability, and expense whatsoever (including, without limitation, attorney's fees and <br /> - court costs and expenses) arising out of or in any way contributed to by any act or <br /> omission of Contractor, its subcontractors, agents and/or employees that cause or in <br /> any way or degree contribute to (1) any damage to or des I cifoi of any Lines by <br /> Contractor, and/or its subcontractors, agents and/or emp oYees, o- &SF's property <br /> or within BNSF's right-of-way, (2) any injury to or death or . y perso• em• oyed by or <br /> on behalf of any telecommunications compa.rk`dnd/or i cont . or, a•e is and/or <br /> employees, on BNSF's property or within BNS '�'ght o -Yfo, .nd/or (s) ,ny claim <br /> or cause of action for alleged loss of profits or re erne b' o oss o ice by a <br /> customer or user of such telecommunication comparit 'e <br /> THE LIABILITY ASSUMED BY CONTRACTOR WILLPLY ON ye TO E> EXTENT OF THE <br /> . NEGLIGENCE OF CONTRACTOR, ITS AGENTS OR EP4 PEES, Al D WILL NOT BE AFFECTED <br /> BY THE FACT, IF IT IS A FACT,THAT THE DAMAGE, DE•'SUCTION,IIrJURY, DEATH, CAUSE OF <br /> ACTION OR CLAIM WAS OCCASIONED BY. 0 ti Co TRIBO' ED Ti Y THE NEGLIGENCE OF <br /> BNSF, ITS AGENTS, SERVANTS, EMPLOYEE', OR o R RW S >T -EPT TO THE EXTENT THAT <br /> SUCH CLAIMS ARE PROXIMATELY C A USED BY �'I ITEN- IO AL MISCONDUCT OR SOLE <br /> NEGLIGENCE OF BNSF. <br /> It is mutually negotiated between arties t a e e indemnification obligation shall include all <br /> claims brought by Contractor's em•X ees agai " :NSF, its agents, servants, employees or <br /> otherwise, and Contractor exp essly wa • its immutii y under the industrial insurance act (RCW <br /> . Title 51) and assumes pote ial li_b i'ty fo 6Th actions brought by its employees. <br /> 13. Agency_ ust requ e comp - c-v't the 0Iligations set forth in this agreement, including Exhibit <br /> C and E, CY; and eorpo e in' --c prime contract for construction of the Project, or the <br /> specific_ io s there or (i) the praTions s- or h in Article III; (ii) the provisions set forth in Article IV; and <br /> (iii) thv1i'visions set forth in E --ibitCord Exhibit C-I, attached hereto and by reference made a part <br /> hereo`; <br /> 14. Excep'' s otherwise • :vided below in this Section 13, all construction work performed hereunder <br /> by Agency for the Project III be pursuant to a contract or contracts to be let by Agency, and all such <br /> contracts must inc ude the o o ing: <br /> (a) Al"nerwPerformed under such contract or contracts within the limits of BNSF's right-of- <br /> way must be performed in a good and workmanlike manner in accordance with plans and <br /> specifications approved by BNSF; <br /> (b) Changes or modifications during construction that affect safety or BNSF operations must <br /> be subject to BNSF's approval; <br /> (c) No work will be commenced within BNSF's right-of-way until each of the prime <br /> contractors employed in connection with said work must have (i) executed and delivered <br /> to BNSF a letter agreement in the form of Exhibit C-I, and (ii) delivered to and secured <br /> BNSF's approval of the required insurance; and <br /> 24 Form 0105 Rev.06/01/05 <br />