New Search
trtr vrr ~crVV 1J. JJ :IUJOfLl7UU Ur'TfhC 51.1'' 1"'I.JK( PAGE Vl~Q~~ <br /> • ~ - ~I <br /> 7 * <br /> { <br /> RAtLRCaAD INSURANC>" AND PROTECTIVE LIABILITY COVERAGE AGREEMENT . LFi <br /> .Agreement Between <br /> Union Pacific Railroad Company ~ <br /> AND <br /> The Gorrtredar 'r <br /> Union Padfic Railroad Company <br /> John Trumbull, Public Projects Manager ~ • <br /> 5424 SE McLoughlin 61vd. <br /> Portland, OR 97202 <br /> Railway File: ~4 ~ ~ OZ <br /> oDOT wrojea~ Courthouse Oistrid Transportation tmprovernent, Phase 2 , <br /> Gentlemen: . <br /> The unders(gned, hereinafter referred to as Gontractor, hays entered into a Cantr2rct dated <br /> M ~S , 20 07 . with the ODOT fdr the performance of certain work in ~ ~ <br /> canna 'on with the project Gourthouse District Yrensportation Improvement, Phase 2. ? <br /> l <br /> In the performance of which work the Contractor w01 necessarily ba required to conduct ' <br /> oper~astions within Untan Pacific Railroad Company ("Railway', right of way _and property <br /> ("Railway Property"). The Contract provides that no work shah be c:ammenced within <br /> Railway Property unfit the Contractor employed in ocnnecrtian with said work for ODOT shall <br /> have executed and delivered to Railway an I~gn:ement, in the form hereof, and shall have <br /> prrnrided insurarroe of the coverage and limits specified in said Contract and Sedian 2 of <br /> this Algresment. !f this Agreement is exerxrted by other than the Owner, Qenerat Partner, <br /> President or Vice President of Gantractor, evidence is famished to you herewith certifying <br /> that the signatory is empowered to execute this Agreement for the Contrector. <br /> Accordingly, as one of the inducements to and as part of the consideration for RBihMay <br /> granting permission to Contractor to enter upon Railway Properly, Contracbar, effective an <br /> the date of said Contract, has agreed and does hereby agree with Railway as falkyws: <br /> Sectlan 1- RELEASE OF LIABILITY AND 1NDEMNIT1f <br /> • Contractor agrees to release Railway from any daims arising from the perfprmanoe of this <br /> Agreement which Contractor or any of its employees, subcontractors, agents or invitees <br /> could otherwise assert against Railway, regardless of the negligence of Railway, except to <br /> the extent that such daims are proximately caused by the intentilonal misconduct or grass <br /> negligence of Railway <br /> Contractor shall indemnify and hold harmless Raihtiay for ail judgments, awards, daims, • <br /> <br /> . demands, and expenses (including attorneys' fees), for injuty or death to all persons, <br /> including Railway's and Contractor's officers and employees, and for loss and damage to <br /> Contractobr's~bcontrac~ors'' actsn~or om <br /> ssians yomfailure tompar'form~any obligation <br /> • hereunder. THE LIA6Il_ITY ASSUMED BY COivrRACTOR SNAl.L N4T BE AFFECTED <br /> Pa e 9 <br /> union Poetic Railroad Cwnpany g <br /> • ~ • art c & c-ay <br /> <br />