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Contractor's ROE (Generic) - ExC <br />Form Approved - AVP Law 08 -15 -07 <br />BUILDING AM €RICA° <br />G. .II policy(ies) required above (except worker's compensation and employers liability) must include 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 />I. 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. All insurance policies 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 />Contractor's ROE (Generic) - ExC Page 2 of 2 Exhibit C <br />Form Approved -AVP Law 08 -15 -07 Contractor's Insurance Requirements <br />