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<br />PLX.OOC 940206 Folder No. 1681-65 <br />Fonn Approved, A VP-Law <br />ARTICLE 5 - INSURANCE <br /> <br /> The Licensee, at the Licensee's own sole cost and expense, shall provide to the Licensor a Certificate of <br />Insurance certifying to the effectiveness of insurance as follows: <br />a). General Public Liability providing bodily injury and property damage coverage with combined single limit <br />of at least $1,000,000 each occurrence, a portion of which may be self-insured with the consent and approval of the <br />Licensor. The Licensee will also provide to the Licensor a Certificate of Insurance issued by its insurance carner <br />confmning the existence of such insurance and that the policy or policies contain the following endorsement: <br /> Union Pacific Railroad Company is named as an additional insured with respect to <br /> all liabilities arising out of the existence, use or any work perfonned on or associated with <br /> the Pipeline located on the Railroad right-of-w~y at Mile Post 212.28 and 989.07 on the <br /> Austin Subdivision at or near San Marcos, Texas. <br />b). Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this <br />Agreement, and that coverage shall not be canceled or changed without giving thirty (30) days' prior written notice to: <br /> Folder No. 1681-65 <br /> Joan Preble, Contract Representative <br /> Union Pacific Railroad Company <br /> 1800 Farnam Street <br /> Omaha, Nebraska 68102 <br />c). lethe Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the <br />limits of insurance described above shall be the limits the Licensee then has in effect or which is required by applicable <br />current or subsequent law, whichever is greater, a portion ofwmch may be self insured with the consent and approval <br />of the Licensor. <br />ARTICLE 6 - TERM <br /> <br /> This Agreement shall take effect as of the date flISt herein written and shall continue in full force and effect <br />until tenninated as herein provided. <br />ARTICLE 7 - SPECIAL PROVISIONS <br /> <br /> None. <br />168165.plx Articles of Agreement May 20,1998 <br /> Page 2 of3 <br />