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<br />I~ UILDINGAMER1CA- <br /> <br />Contractor's Permit ExB 03/01/05 <br />Form Approved, AVP-Law <br /> <br />shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer <br />Continental Shelf Land Act, if applicable. <br /> <br />The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: <br />. Alternate Employer Endorsement <br /> <br />D. Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall "follow <br />form" and afford no less coverage than the primary policy. <br /> <br />E. Railroad Protective Liabilitv insurance naming only the Railroad as the insured with a combined single limit of <br />$2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical <br />Damage to Property' (ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be <br />submitted to the Railroad until the original policy is forwarded to the Railroad. <br /> <br />Other Requirements <br /> <br />F. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. <br /> <br />G. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right <br />of subrogation against Railroad. Contractor further waives its right of recovery, and its insurers also waive their right of <br />subrogation against Railroad for loss of its owned or leased property or property under its care, custody and control. <br />Contracto~s insurance shall be primary with respect to any insurance carried by Railroad. All waivers of subrogation <br />shall be indicated on the certificate of insurance. <br /> <br />H. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name <br />Railroad as an additional insured. Severability of interest and naming Railroad as additional insured shall be <br />indicated on the certificate of insurance. <br /> <br />I. Prior to commencing the Work, Contractor shall furnish to Railroad original certificate(s) of insurance evidencing the <br />required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the <br />insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any cancellation or material alteration. <br />Upon request from Railroad, a certified duplicate original of any required policy shall be furnished. <br /> <br />J. Any insurance policy shall 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 beller, and authorized to do business in the state(s) in which the service <br />is to be provided. <br /> <br />K. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contracto~s insurance <br />agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this <br />Agreement and acknowledges that Contracto~s insurance coverage will be primary. <br /> <br />L. The fact that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or <br />diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. <br />Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. <br /> <br />Contractor's Permit ExB 03/01/05 <br />Form Approved, AVP-Law <br /> <br />Page 2 of 2 <br /> <br />Exhibit B <br />To Contractor's Permit <br />