RAILWORKS TRACK SERVICES, INC. (4)

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WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in Kansas, Kentucky, Missouri, New Hampshire, and New Jersey. Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. The waiver does not apply to any right to recover payments which the Minnesota Workers Compensation Reinsurance Association may have or pursue under M.S. 79.36. Use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act (K.S.A. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act (K.S.A. 16-1901 through 16-1908 and any amendments thereto). According to the Acts, a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Where required by contract or written agreement prior to loss and allowed by law. In the states of Alabama, Arizona, Arkansas, Colorado, Delaware, Dist. of Columbia, Georgia, Idaho, Illinois, Indiana, Maine, Michigan, Minnesota, Mississippi, Montana, New Mexico, North Carolina, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, West Virginia, the premium charge is 2% of the total manual premium, subject to a minimum premium of $100 per policy. In the states of Connecticut, Florida, Iowa, Maryland, Nebraska, Nevada, Oregon, the premium charge is 1 % of the total manual premium, subject to a minimum premium of $250 per policy. In the state of Hawaii, the premium charge is $250 and determined as BEVIEwED S APvern® By. WC 00 03 13 © 1983 National Council on Compensation In Ed. 04/01/1984 surance. auk Maoagemen[speaaust