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<br /> 01/07/2008 15:33 5038721900 UPRR SUPT PORT f,q~ 02/D~,B
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<br /> SY THE FACT, IF IT IS A FACT. THAT THE DESTRUCTION, DAMAGE, DEATH, OR
<br /> INJURY WAS OCCASIONED BY OR CONTl~IBUTED TO BY THE NEGLIGENGE OF
<br /> RAILWAY, ITS AGtyNTS, SERVANTS, EMPLOYEES OR bTHERWISE, EXCEPT TO TH>r
<br /> EXTENT TRAY SUGH CLAIMS ARE PROXIMATELY CAUSED BY THE SOLE
<br /> NEGLIGENCE OR SOLE WILLFUL MiSCONt~UCT OF RAILWAY.
<br /> TH>r INDEMNIFICATION OBLIGATION ASSUMr=D BY CONTRACTOR SHALL. INCLUf7E
<br /> ANY CLAIMS, SUITS OR JUDGMENTS t3ROUGHT AGAINST RAILWAY UNDER THE
<br /> FEDERAL EMPLOYEE'S L.IABiLiTY AGT, INCL.UDtNG GLAIMS FOR STRICT LIABILITY
<br /> .UNDER THE SAFETY APPLIANCE ACT OR THE 1301LER INSPECTION ACT,
<br /> WHENEVER SO CLAIMt=D.
<br /> Contractor further agrees, at its expense, in the name and on behalf of Railway, that it shall
<br /> adjust and settle aN claims made against Railway, and shall, at Rarlway's dilatation, appear
<br /> and defend arty suits or actions of taw or In equity brought against Railway on any claim or
<br /> cause of action arising or growing out of or in any manner connected with any liability
<br /> assumed by Contractor under this Agreement far which Railway is liable or is alleged to be
<br /> liable. Railway shall give nonce to Contractor, in writing, of the receipt or dependency of
<br /> such daims and thereupon Contractor shall proceed to adjust and handle to a conclusion
<br /> such claims, and in the event of a suit being brought against Railway, Railuvay may forward
<br /> summons and complaint or other process in connection therewith to Contractor, atul
<br /> Contractor, at Railway's discretion, shall defend, adjust, or settle such suits and protect,
<br /> indemnify, and save harmless Railway from and against all damages, judgments. decrees,
<br /> atbomey's fees, costs, and expenses growing out of or resulting from or incident to any such
<br /> daims or suits.
<br /> It is mutually understood and agreed that the assumption of liabilities and indemnification
<br /> provided far in this Agreement shall survive any terminafion of this Agreement
<br /> Section 2 -INSURANCE
<br /> (a) Before cornmenang any work under this Agreement, Contractor must provide and
<br /> maintain in effect throughout the term of this Agreement, Insurance at Contractor's
<br /> expense, covering all of the work and services to lie perfomtied hereunder. by Contravtor
<br /> and each of its subeontractars, as described below:
<br /> {i} Cammerdal General Liability insurance covering I'tability, including but not limited to
<br /> Public t_iability, Personal Injury, Properly Damage and Contractual Liability covering
<br /> the obligations assumed by Contractor in Section 1, with coverage of at least
<br /> $5,000,000 per occurrence or claim and $10,000,000 in the aggregate. Cov®rage
<br /> must be purchased on a post 1998 ISO oc equivalent form, including but not limited
<br /> to voverage for the following: (a} Bodily injury inducting death and personal injury;
<br /> (b) Property damage; (c) Fire legal liability; (d} Products and completed operations-
<br /> . Where explosion, collapse, or underground hazards are involved, the X, C, and U
<br /> exclusions must be removed from the policy. Workers' Compensation coverage as
<br /> is required by State law. THE CERTiFiCATE MUST CONTAIN A SPECIFIC
<br /> WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST .
<br /> Union Pacifsc Railroad Company.
<br /> The following endorsements are inducted in tl~e policy: a) "Far purposes of this
<br /> insurance, Union Pacific Railroad payments related to the Federal Employers
<br /> Union Pacific Ra~road Comparry Page 10
<br /> (Exhibit C & G1)
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