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Fax number: 817-840-7487 <br /> Email: BNSF@ certfocus.com <br /> www.certfocus.com <br /> Contractor shall notify Railway in writing at least 30 days prior to any <br /> cancellation, non-renewal, substitution or material alteration. <br /> Any insurance policy shall be written by a reputable insurance company <br /> acceptable to Railway or with a current Best's Guide Rating of A- and Class VII <br /> or better, and authorized to do business in the state(s) in which the service is to <br /> be provided. <br /> If coverage is purchased on a "claims made" basis, Contractor hereby agrees to <br /> maintain coverage in force for a minimum of three years after expiration, <br /> cancellation or termination of this Agreement. Annually Contractor agrees to <br /> provide evidence of such coverage as required hereunder. <br /> Contractor represents that this Agreement has been thoroughly reviewed by <br /> Contractor's insurance agent(s)/broker(s), who have been instructed by <br /> Contractor to procure the insurance coverage required by this Agreement. <br /> Not more frequently than once every five years, Railway may reasonably modify <br /> the required insurance coverage to reflect then-current risk management <br /> practices in the railroad industry and underwriting practices in the insurance <br /> industry. <br /> If any portion of the operation is to be subcontracted by Contractor, Contractor <br /> shall require that the subcontractor shall provide and maintain insurance <br /> coverage(s) as set forth herein, naming Railway as an additional insured, and <br /> shall require that the subcontractor shall release, defend and indemnify Railway <br /> to the same extent and under the same terms and conditions as Contractor is <br /> required to release, defend and indemnify Railway herein. <br /> Failure to provide evidence as required by this section shall entitle, but not <br /> require, Railway to terminate this Agreement immediately. Acceptance of a <br /> certificate that does not comply with this section shall not operate as a waiver of <br /> Contractor's obligations hereunder. <br /> The fact that insurance (including, without limitation, self-insurance) is obtained <br /> by Contractor shall not be deemed to release or diminish the liability of <br /> Contractor including, without limitation, liability under the indemnity provisions of <br /> this Agreement. Damages recoverable by Railway shall not be limited by the <br /> amount of the required insurance coverage. <br /> 50 of 60 <br />