Burlington Northern Santa Fe Railway (BNSF) 11/4/2015

Tracking#15-52141 • Separation of insureds_ • The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. h is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability Insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Licensor's employees. No other endorsements limiting coverage may be included on the policy. 152 Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000, and include coverage for, but not limited to the following: • Bodily injury and property damage. • Any and all vehicles owned,used or hired. This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Licensor. • Additional insured endorsement in favor of and acceptable to Licensor. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. 15.3 Workers' Compensation and Employers' Liability Insurance. This insurance shall include coverage for, but not limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) in which the services are to be performed. If optional under state laws, the insurance must cover all employees anyway. • Employers' Liability(Part B)with limits of at least$500,000 each accident, $500,000 by disease policy limit,$500,000 by disease each employee, This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Licensor. 15.4 Railroad Protective Liability Insurance. This insurance shall name only Licensor as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate, The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SE-HALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy shall be issued on a standard ISO form CO 00 35 12 03 and include the following: • Endorsed to include the Pollution Exclusion Amendment. • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to Licensor prior to performing any work or services under this License. • Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's care, custody and control arising out of the acts or omissions of the contractor named on the Declarations." In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is$1150. Form 424;Rev.201400801 -6-