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Y <br /> Law Department Approved Tracking#: 05-29401 <br /> PERSONAL PROPERTY WAIVER <br /> 22. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, <br /> EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE <br /> RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY <br /> DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN <br /> PART TO THE NEGLIGENCE OF ANY INDEMNITEE. <br /> INSURANCE <br /> 23. Licensee shall, at its sole cost and expense, procure and maintain during the life of this <br /> Agreement the following insurance coverage: <br /> A. Commercial General Liability Insurance. This insurance shall contain broad form <br /> contractual liability with a combined single limit of a minimum of $5,000,000 each <br /> occurrence and an aggregate limit of at least $10,000,000. Coverage must be <br /> purchased on a post 1998 ISO occurrence or equivalent and include coverage for, <br /> but not limited to,the following: <br /> • Bodily Injury and Property Damage <br /> • Personal Injury and Advertising Injury <br /> ® Fire legal liability <br /> • Products and completed operations <br /> This policy shall also contain the following endorsements, which shall be indicated on the <br /> certificate of insurance: <br /> e The employee and workers compensation related exclusions in the above <br /> policy shall not apply with respect to claims related to railroad employees. <br /> • The definition of insured contract shall be amended to remove any exclusion <br /> or other limitation for any work being done within 50 feet of railroad property. <br /> • Any exclusions related to the explosion, collapse and underground hazards <br /> shall be removed. <br /> No other endorsements limiting coverage may be included on the policy. <br /> B. Business Automobile Insurance. This insurance shall contain a combined single <br /> limit of at least $1,000,000 per occurrence, and include coverage for, but not limited <br /> to the following: <br /> • Bodily injury and property damage <br /> • Any and all vehicles owned,used or hired <br /> C. Workers Compensation and Employers Liability Insurance. This insurance <br /> shall include coverage for, but not limited to: <br /> • Licensee's statutory liability under the worker's compensation laws of the <br /> state(s) in which the work is to be performed. If optional under State law, <br /> the insurance must cover all employees anyway. <br /> • Employers' Liability(Part B)with limits of at least$500,000 each accident, <br /> $500,000 by disease policy limit,$500,000 by disease each employee. <br /> Form 432;Rev.04/26/05 <br /> - 7of13- <br /> 15 <br />