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01/07/2008 15:33 5038721900 UPRR SIFT PORT PAGE 04/[~~p • <br /> • , , <br /> Seepage and Pollution Endorsement (see attached copy). A binder stating the <br /> policy is in place must be submitted to the Railroad until the original policy is <br /> forwarded to the Railroad. <br /> (6) Punitive damage exclusion must be deleted, which deletion shall be indicated an the <br /> certificate of insurance. • <br /> (7) Contractor agrees to waive it`s r'~ght of recovery, and • its insurers, through policy <br /> endorsement, agree to waive their right of subrogation against Railroad. ConVactor <br /> further waives its right of recovery, and its insurers also waive thek right of <br /> subrogation against Rairoad for lass of its owned or leased property or property <br /> under ifs care, custody and control. Contractor`s insurance shall be primary with <br /> respect to any Insurance carried by Railroad. All waivers of subrogation shall be <br /> indicated on the certificate of insurance. <br /> (13) All poticy(ies) required above (excluding Workers Compensation) shall provid® <br /> severability of interests and shall name Rafiroad as an additional insured. <br /> Severabi!'rty of interest and naming Railroad as additional insured shall be indicated <br /> on the certificate of insurance. <br /> (9j Prior to commencing the Work, Contractor shall furnish to Railroad original <br /> certificate(s) of insurance evidencing the required coverage, endorsements, and <br /> amendments. The certificate(s) shall contafi a provision that obligates the <br /> insurance company(ies) issuing such poliay(ies) to notify Railroad in writing of any <br /> cancellation or material al6eration. Upon request from Railroad, a certiiied duplicate <br /> orlgina! of any required policy shall be famished. <br /> (1i]) Any insurance policy shall be written by a reputable insurance company a~eptable <br /> to Railroad or with a cumerrt Best's Insurance Guide Rating of A and Class VII or <br /> better, and authorized to do business in the state(s) in which the service is to be <br /> provided. <br /> (11}Contractor WARRANTS that this Agreement has been thoroughly reviewed by <br /> Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor <br /> to procure the insurance overage required by this Agreement and acknowledges • <br /> that Contractors insurance coverage will be primary. <br /> (12} If Contractor fails to procure and maintain insurance as required, Railroad may elect <br /> to do so at the cost of Contractor plus a 25% administration fee. <br /> (13) The fact that insurance is obtained by Contractor, or Railroad an behalf of <br /> Contractor, shall not be deemed to release or diminish the liabflity of Contractor, <br /> including, without limitatiotti, liability under the indemnity provisions of this <br /> Agreement. Damages recoverable by Railroad shall not be Gmited•by the amount of <br /> the required insurance coverage. <br /> The average train traffic per 24 hour period on this route is 24 freight trains at a timetable <br /> speed of 60 MPW and 2 passenger trains at a timetable speed of 76 MPH and 2 switch • <br /> engine movements. <br /> Union Padflo Railroad Company Page 1Z '~ri; <br /> • (Exhibit C 8 C-7) <br /> <br /> is <br /> <br />