<br /> Contractors ROE (Generic) - ExC <br /> Form Approved - AVP Law 08-15-07 BUILDING AMERICA <br /> ~ ~ ~ <br /> a <br /> G.`~ ;111 policy(ies) required above (except worker's compensation and employers liability) must inGude Railroad as "Additional <br /> Insured' using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent <br /> coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured+ <br /> Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and <br /> shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. <br /> H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law <br /> governing this Agreement prohibits all punitive damages that might arise under this Agreement. <br /> 1. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its <br /> agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. <br /> J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized <br /> representative of each Insurer, showing compliance with the insurance requirements in this Agreement. <br /> K. Ail insurance potlcies must be written by a reputable insurance company acceptable to Railroad or with a current Best's <br /> Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being <br /> performed. <br /> L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will 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 from Contractor or any third party will not be limited by the amount of the required insurance coverage. <br /> i <br /> f <br /> i <br /> s <br /> 1 <br /> , <br /> t <br /> <br /> Contractor's ROE (Generic) - ExC Page 2 of 2 Exhibit C <br /> Form Approved - AVP Law 08-15-07 insurance Provisions <br /> To Contractor's Right of Entry Agreement <br /> <br />