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Form Approved <br /> by VP Law 12 02-24551 <br /> D. Railroad Protective Liability Insurance. This insurance shall name only the <br /> Licensor as the Insured with coverage of at least $5,000,000 per occurrence and <br /> $10,000,000 in the aggregate. The coverage obtained under this policy shall <br /> only be effective during the initial installation and/or construction of the <br /> PIPELINE. THE CONSTRUCTION OF THE PIPELINE SHALL BE <br /> COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If <br /> further maintenance of the PIPELINE is needed at a later date, an additional <br /> Railroad Protective Liability Insurance Policy shall be required. The policy shall <br /> be issued on a standard ISO form CG 00 35 10 93 and include the following: <br /> • Endorsed to include the Pollution Exclusion Amendment (ISO form CG <br /> 28 31 10 93) <br /> • Endorsed to include the Limited Seepage and Pollution Endorsement. <br /> • Endorsed to include Evacuation Expense Coverage Endorsement. <br /> • No other endorsements restricting coverage may be added. <br /> • The original policy must be provided to the Licensor prior to performing <br /> any work or services under this Agreement <br /> In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in <br /> Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or <br /> its contractor. The limits of coverage are the same as above. The cost is $1000.00. <br /> IV I elect to participate in Licensor's Blanket Policy; <br /> ❑ I elect not to participate i 'Licensor's Blanket Policy. <br /> Other Requirements: <br /> Where allowable by law, policies (applying to coverage listed above) shall contain no <br /> exclusion for punitive damages and certificates of insurance shall reflect that no <br /> exclusion exists. <br /> Licensee agrees to waive its right of recovery against Licensor for all claims and suits <br /> against Licensor. In addition, its insurers, through policy endorsement, waive their right <br /> of subrogation against Licensor for all 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 policy shall be primary and non-contributing with respect to any insurance <br /> carried by Licensor. The certificate of insurance must reflect that the above wording is <br /> included in evidenced policies. <br /> All policy(ies) required above (excluding Workers Compensation and if applicable, <br /> Railroad Protective) shall include a severability of interest endorsement and shall name <br /> Licensor and Staubach Global Services-RR, Inc. as an additional insured with respect to <br /> work performed under this agreement. Severability of interest and naming Licensor <br /> and Staubach Global Services-RR, Inc. as additional insureds shall be indicated <br /> on the certificate of insurance. <br /> 9 of 15 Form 424;Rev11/19/02 <br /> 4 <br />