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Tracking #t38-36515 <br />Endorsed to include the Pollution ExGusion Amendment. (ISQ form GG 28 31 <br />10 93) <br />• Endorsed tct include the Limited Seepage-and Foliation Endorsement. <br />• Endorsed to include Evacuation Expense Coverage Endorsement. <br />• Na other endorsements restricting coverage may be added. <br />i The original policy must be provided to the Licensor prior to performing any <br />work or services under this License.. <br />in lieu of providing a Raiiroad Protective Liability Policy, Licensee may participate in <br />Licenser`s Blanket Raiiroad Protective Liability Insurance Policy avaiiable to Licensee or <br />its contrector. The limits- of coverage are the same as above. The cost is $1,4Q0. <br />^ 1 elect to participate in Licensoe's Bianket Paiicy, <br />a !elect not to partiapate in Licensor's Bianket. Policy. <br />Other Requirements: <br />Where allowable by-law, ail policies (applying to coverage listed above} snail contain no <br />exclusion for punitive damages and certificates of insurance snail reflect that no <br />exclusion exists. <br />Licensee agrees to waive its right of recovery against Licensor far .ail claims and suits <br />against Licensor. In addition, its insurers, through policy endorsement, waive their right <br />of subrogation against Licensor far ail claims and suits, The certificate of insurance <br />must reflect waiver of subrogation endorsement. Licensee further waives its right of <br />recovery, and its insurers also waive their right. of .subrogation against Licensor for loss <br />of its owned or leased property or property under its care, custody, or control. <br />Licensee's insurance. policies through policy endorsement must include wording which. <br />states that the paltcy shall be primary and non-contributing with respect to any insurance <br />carried by Licensor. The certificate of insurance must rafted that the above wording is <br />included in evidenced. policies. <br />Ali policy~ies} required above aexcluding Workers' Compensation, Contractor's Pollution <br />Legal Liability -and if applicable, Railroad .Protective) shall include a severabtlity of <br />interest endorsement and shall name Licensor and Staubach Global Services - RR, Inc. <br />as additional insureds with respect to work performed under this License. Severabtlity of <br />interest and naming. Licensor and Staubach Global Services - RR, inc. as additional <br />insureds shall be indicated on the certificate of insurance. <br />Licensee is not allowed to self insure without the prior written consent of Licensor. if <br />granted by Licensor, any deductible, .self-insured retention or other financial <br />responsibility for claims shall be covered dtrectiy by Ucensee in Ilea of Insurance: Any <br />and ail Licensor liabitifles that would otherwise, in accordance with the provisions of thin <br />License, be covered by Licensee's insurance will be covered as if Licensee elected not <br />to include a deductible, self-insured retention, or other financial responsibility for claims. <br />Form 424; Rev. 04126/05 <br />-9- <br />