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ROE INS 960830 No RR Protective Ins. Form Approved, A VP-Law .EXHIBIT B-1 Right of Entry Agreements Contract Insurance Requirements Third Party Contractors Contractor shall at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: (a) General Liabilitv insurance providing bodily injury including death. personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for the project asa Form CG 2503 or equivalent). Exclusions for railroads (except where the Job Site is more than fifty feet (SO') from any railroad tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings). and explosioI"'~ collapse and underground hazard shall be removed. Coverage purchased on'a claims made form shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive date is different for the expiring policy. (b) Automobile Liabilitvinsurance providing bodily injury, property damage and uninsured vehicles coverage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall cover all motor vehicles including hired and non-owned, and mobile equipment if excluded from coverage under the general public liability insurance. (c) Workers'Comoensationinsurance covering Contractor's statutory liability under the workers' compensation laws of the staters) affected by this Agreement. and Employers' Liability. If such insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund, Contractor shall comply with the laws of such states. If Contractor is self-insured, evidence of state approval must be provided. Contractor and their insurers shall endorse the required insurance policy(ies) to waive their right of subroaation against Railroad. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. The policies required under (a) and (b) above shall provide severability of interests and shall name Railroad as an additional insured. Prior to commencing the Work. Contractor shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsements and upon request, a certified duplicate original of any required policy. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. The insurcmce policy{ies) shall be written by a reputable insurance company(ies) acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Gass VII or better, and authorized to do business in the staters) in which the Job Site is located. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. If Contractor fails to procure and maintain insurance as required, Railroad may elect to do so at the cost of Contractor. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. G:\SHARE\EXHIBITBICROEINSN.EXB Exhibit B-1