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Public Highway Crossing Ex&1 05/01/2006 <br /> Form Approved, AVP-Law BE!ll.D1hG AMBR[CA° <br /> The policy shall also contain the following endorsement which shall be Indicated on the certificate of insurance: <br /> • Alternate Employer Endorsement <br /> E <br /> D. Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall "follow form" and <br /> afford no less coverage than the primary policy. <br /> E. I2afiroad Protective t.labtilty insurance naming only the Railroad as the insured with a combined singte limit of $2,000,000 per <br /> occurrence with a $8,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form CG <br /> 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the original policy is <br /> forwarded to the Railroad. <br /> Other Requirements <br /> F. Punitive damage exclusion must be deleted, which deletion shat) be indicated on the certificate of insurance. <br /> G. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of <br /> subrogation against Railroad. Contractor further waives its right of recovery, and its insurers also waive their right'of subrogation <br /> against Railroad far loss of its owned or leased property or property under its care, custody and control. Contractor's insurance shall <br /> <br /> ~ be primary with respect to any insurance carried by Railroad. All waivers of subrogation shaft be indicated on the certificate of <br /> tnsurance. <br /> H. All poiicyfres) required above (exGuding Workers Compensation) shall provide severability of interests and shalt name Railroad <br /> as an additional insured. Severabllity of interest and naming Railroad as additional insured shaft be indicated on the <br /> certificate of tnsurance. <br /> I. Prior to commencing the Work, Contractor shall furnish to Railroad original csrtificate(sj of insurance evidencing the required <br /> coverage, endorsements, and amendments. The certificate(s) shad contain a provision that obligates the insurance company(ies) <br /> issuing such poticy(ies) to notify Railroad in writing of any cancellation or material alteration. Upon request from Railroad, a <br /> certified duplicate original of any required policy shalt be furnished. <br /> J. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance <br /> Guide Rating of A-and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. <br /> K. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s}, who <br /> have been instructed by Contractor to procure the insurance coverage required by this Agreement and acknowledges that <br /> Contractors insurance coverage will be primary. <br /> L. The fact that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish <br /> the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages <br /> recoverable by Railroad shall not be limited by the amount of the required insurance coverage. <br /> Public Highway Crossing F~cB-1 Page 2 of 2 Exhibit B-1 <br /> Form Approved, AVP-Law-05/0112006 Insurance R~uirements <br /> To Public Road Crossing Agreement <br /> <br />