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Trecking #08-36315 <br />Prior to .commencing any work, licensee .shad furnish to Licensor an acceptable <br />certificate{s} of insurance including an original signature of tFte authorized representative <br />evidencing the required coverage„ endorsements, and amendments. The policy{[es} <br />shat( contain a provision that obligates the insurance company{ies} issuing such <br />policy{ies} to notify Licensor in writing at least 30 days prior to any cancei[ation, non- <br />renewal, substitution or material alteration. This cancelfa#an provision shah be indicated <br />on the certificate of insurance, to the event of a claim ar lawsuit involving Licensor <br />arising out of this License, Licensee will make available any required, policy covering <br />such claim or lawsuit. <br />Any insurance policy shall be written by a .reputable insurance company accep#abie to <br />Licensor or with a .current Best`s Guide Rating of A- and Class Vii ar better, and <br />authorized to da business in the state{s}in which the service is to be provided. <br />Licensee represents that this License has been thoroughly reviewed by Licensee's <br />insurance agent(sjlbraker(s), who have been instructed by Licensee to procure the <br />insurance coverage required by this License. Allocated Loss Expense shall be in <br />addition to all policy limits for coverages referenced above. <br />Not more frequently than once every five years, Licensor may reasonably modify the <br />required insurance coverage to reflect then-current risk management practices in the <br />railroad industry and underwriting practices in the insurance industry. <br />If any portion of the operation is to be subcontracted by Licensee, Licensee shall require <br />that the subcontractor shall provide and maintain insurance coverages as set forth <br />herein, naming Licensor as an additional insured, and shall require that the <br />subcontractor shall release, defend and indemnify Licensor to the .same extent and <br />under the same terms and conditions as Licensee is required to release, defend and <br />indemnify Licensor herein. <br />Failure to provide evidence as required by this section shad entitle,. but not require, <br />Licensor to terminate this License immediately. Acceptance of a certificate #hat does not <br />comply with this section shall not operate as a waiver of Licensee's obligations <br />hereunder. <br />The fact that insurance (including, without limitation, self-insurance} is obtained by <br />Licensee shall not be deemed to release or diminish the liability of Licensee including, <br />without limitation, I[abi[ity under the indemnity provisions of this License. .Damages <br />recoverable by Licensor .shall not be limited by the amount of the required insurance <br />coverage. <br />For purposes of this Section 21, Licensor stroll mean "Burlington Northern Santa Fe <br />Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and <br />affiliates of each. <br />ENVIRONIVlENTAl. <br />22. {a} Licensee shall strictly comply with all federal, state and local environmental laws <br />and regulations in Sts -use of the Premises, including, but not limited to, the <br />Resource Conservation and Recovery Act, as amended {RCRA), the Clean <br />Water Ac#, the Oil Pollution Act, the Hazardous Materials Transportation Act, <br />Fnrrn 424; Rev: (?4!26/05 <br />-10- <br />