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<br />PUWUDRAINAGE INS. <br />Form Approved. A VP-Law Updated 03/01/2003 <br /> <br />equivalent coverage) showing Railroad in the schedule as the alternate employer (or a <br />substitute form providing equivalent coverage). <br /> <br />I <br /> <br />D. Railroad Protective Liabilitv insurance. Railroad Protective Liability insurance written on ISO <br />occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of <br />Licensor as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of <br />$6,000,000. A binder stating the policy is in place must be submitted to LIcensor before the work may be <br />commenced and until the original policy is forwarded to Licensor. <br /> <br />E. Umbrella or Excess insurance. If LIcensee, and/or Licensee's contractor, utilIzes umbre!1a or <br />excess policies, these policies must "follow form" and afford no less coverage than the primary polIcy. <br /> <br />Other Requirements <br /> <br />F. All policy(ies) required above (except worker's compensation and employers liability) must <br />include Licensor as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA <br />20 48 (or substitute forms proVIding equivalent coverage). The coverage provided to Licensor as <br />additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, <br />and CA 20 48 provide coverage for Licensor's negligence whether sole or partial, active or passive, and <br />shall not be limited by Licensee's liability under the indemnity proviSIOns of this Agreement. <br /> <br />G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate <br />of insurance), unless the law governing this Agreement prohibits all punitive damages that might anse <br />under this Agreement. <br /> <br />H. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of I <br />damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on <br />the certificate of Insurance. <br /> <br />I. PrIOr to commencing any work, Licensee, and/or Licensee's contractor, shall furnish Licensor <br />with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing <br />compliance with the insurance requirements in this Agreement. <br /> <br />J. All insurance policies must be written by a reputable insurance company acceptable to LIcensor <br />or WIth a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do <br />business In the state in whIch the Wireline is located. <br /> <br />K. The fact that Insurance IS obtained by Licensee, and/or LIcensee's contractor, or by Licensor on <br />behalf of Licensee, and/or Licensee's contractor, will not be deemed to release or diminish the liability of <br />Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. <br />Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of <br />the required insurance coverage. <br /> <br />I <br />