Laserfiche WebLink
F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of <br />the work as defined in the Agreement includes installation, temporary storage, or disposal of any <br />"hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause <br />bodily injury at any time. <br />Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated <br />Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least <br />$5,000,000 per occurrence and an aggregate limit of $10,000,000_ <br />If the scope of work as defined in this Agreement includes the disposal of any hazardous or non- <br />hazardous materials from the job site, Licensee must furnish to Railroad evidence of pollution legal <br />liability insurance maintained by the disposal site operator for losses arising from the insured facility <br />accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual <br />aggregate of $2,000,000. <br />Other Requirements <br />G. All policy(ies) required above (except worker's compensation and employers liability) must <br />include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA <br />20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as <br />additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, <br />and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and <br />shall not be limited by Licensee'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 <br />of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that <br />may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this <br />agreement will be performed-. <br />I. Licensee waives all rights against Railroad and its agents, officers, directors and employees for <br />recovery of damages to the extent these damages are covered by the workers compensation and <br />employers liability or commercial umbrella or excess liability insurance obtained by Licensee required by <br />this agreement. <br />J. Prior to commencing the work, Licensee shall furnish Railroad with a certificate(s) of insurance, <br />executed by a duly authorized representative of each insurer, showing compliance with the insurance <br />requirements in this Agreement. <br />K_ All insurance policies must be written by a reputable insurance company acceptable to Railroad <br />or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do <br />business in the state(s) in which the work is to be performed- <br />L. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be <br />deemed to release or diminish the liability of Licensee, including, without limitation, liability under the <br />indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third <br />party will not be limited by the amount of the required insurance coverage.