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TranSystems Corporation - LGM Construction

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To the extent FedEx, the TSA or the airport authority having jurisdiction over the Site requires,<br />

Contractor shall cause photo identification badges and access badges that satisfy all requirements<br />

of FedEx, the TSA and the airport authority that has jurisdiction over the Site to be issued and<br />

timely re-issued at Contractor’s expense to persons engaged in performing the Work at the Site<br />

and shall cause the persons to whom those photo identification badges are issued to wear their<br />

badges on their outermost clothing, at or above waist level, at all times that they are present at the<br />

Site. If the TSA and the airport authority permit any persons engaged in performing the Work to<br />

be present at the Site without wearing photo identification badges, Contractor shall ensure that all<br />

conditions that the TSA or the airport authority establishes with respect to the presence of those<br />

persons at the Site are observed at all times that those persons are performing the Work at the<br />

Site, including, without limitation, maintaining the degree of supervision the TSA and the airport<br />

authority require. If any part of the Site lies within a SIDA, that supervision will include, without<br />

limitation, ensuring that a person that has escort authority for that SIDA under applicable TSA<br />

regulations accompanies or monitors those persons without photo identification badges who<br />

enter the SIDA for the purpose of performing any of the Work at all times that they are present in<br />

the SIDA. Upon the completion of the Work, Contractor shall return to FedEx all photo<br />

identification badges and access badges issued in connection with the performance of the Work<br />

at the Site. Within one business day following the time at which any person engaged in<br />

performing the Work at the Site leaves the employ of Contractor or a Subcontractor or the time at<br />

which Contractor or a Subcontractor permanently re-assigns any person previously engaged in<br />

performing the Work at the Site to tasks not involving the performance of the Work, Contractor<br />

must notify FedEx that such person will not be returning to the Site. Simultaneously with each<br />

such notification, Contractor shall also cause any photo identification badge and access badge<br />

issued in accordance with the foregoing to the person who will not be returning to the Site to be<br />

returned to FedEx or the authority that issued the badge. Within one business day following the<br />

time at which any person engaged in performing the Work at the Site notifies Contractor that any<br />

photo identification badge or access badge issued to that person in accordance with the foregoing<br />

has been lost or stolen, Contractor must notify FedEx of such loss or theft and shall reimburse<br />

FedEx upon demand for any cost FedEx incurs to replace the lost or stolen badge and for any<br />

other cost that FedEx incurs by reason of the loss or theft, including, without limitation, the cost<br />

of issuing new photo identification badges or access badges to all persons working at the Site,<br />

whether employed by FedEx, Contractor or other service providers that FedEx engages, to the<br />

extent that the TSA or the airport authority having jurisdiction over the Site requires the issuance<br />

of those new badges.<br />

Contractor shall notify FedEx’s Managing Director, Aviation Security of any person engaged in<br />

performing the Work that is suspected of theft or other wrongdoing while at or about the Site<br />

and, at FedEx’s request and to the extent permitted by applicable Legal Requirements, Contractor<br />

shall cooperate in any investigation of any such suspected theft or other wrongdoing.<br />

Contractor shall indemnify, defend and hold harmless FedEx and its parent, subsidiaries and<br />

other affiliated corporations and their respective directors, officers, employees, agents, successors<br />

and assigns from and against all claims, actions, demands, damages, liability, losses, fees, fines,<br />

penalties (whether civil or criminal), government or other administrative proceedings and costs<br />

and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit that may<br />

F-4

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