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• <br /> v <br /> Form Approved 02-24485 <br /> By VP Law <br /> request from Licensor, a certified duplicate original of any required policy shall be <br /> furnished. <br /> • <br /> Any insurance policy shall be written by a,reputable insurance company acceptable to <br /> Licensor or with a current Best's Guide Rating of A- and Class VII or better, and <br /> authorized to do business in the state(s) in which the service is to be provided. <br /> Licensee WARRANTS that this License has been thoroughly reviewed by Licensee's <br /> insurance agent(s)/broker(s), who have been instructed by Licensee to procure the <br /> insurance coverage required by this Agreement. 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 shall entitle. but not require, <br /> Licensor to terminate this License immediately. Acceptance of a certificate that does not <br /> • comply with this section shall not operate as a waiver of Licensees 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, liability 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, Licensor shall mean 'Burlington Northern Santa Fe <br /> Corporation', `The Burlington Northern and Santa Fe Railway Company" and the <br /> subsidiaries, successors. assigns and affiliates of each. <br /> ENVIRONMENTAL <br /> 21. (a) Licensee shall strictly comply with all federal, state and local environmental laws <br /> and regulations in its use of the Premises, including, but not limited to. the <br /> Resource Conservation and Recovery Act, as amended (RCRA). the Clean <br /> Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, <br /> CERCLA (collectively referred to as the 'Environmental Laws). Licensee shall <br /> not maintain a treatment, storage, transfer or disposal facility, or underground <br /> storage tank, as defined by Environmental Laws on the Premises. Licensee shall <br /> not release or. suffer the release of oil or hazardous substances. as defined by <br /> Environmental Laws on or about the Premises. <br /> 5� 9 of 13 Form 1 .Rev i0 17 02 <br />