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6 <br /> �s <br /> Law Department Approved Tracking#: 05-29401 <br /> D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor <br /> as the Insured with coverage of at least$2,000,000 per occurrence and $6,000,000 <br /> in the aggregate. The coverage obtained under this policy shall only be effective <br /> during the initial installation and/or construction. If further maintenance is needed at <br /> a later date, an additional Railroad Protective Liability Insurance Policy shall be <br /> required. The policy shall be issued on a standard ISO form CG 00 35 10 93 and <br /> include the following: <br /> • Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 <br /> 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 any work <br /> 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 its <br /> contractor. The limits of coverage are the same as above. The cost is $500.00. <br /> ❑ I elect to participate in Licensor's Blanket Policy; <br /> ❑ I elect not to participate in Licensor's Blanket Policy. <br /> Other Requirements: <br /> Where allowable by law, all policies (applying to coverage listed above) shall contain no <br /> exclusion for punitive damages and certificates of insurance shall reflect that no exclusion <br /> 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 of <br /> subrogation against Licensor for all claims and suits. The certificate of insurance must <br /> reflect waiver of subrogation endorsement. Licensee further waives its right of recovery,and <br /> its insurers also waive their right of subrogation against Licensor for loss of its owned or <br /> 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, Railroad <br /> Protective)shall include a severability of interest endorsement and shall name Licensor and <br /> Staubach Global Services- RR, Inc. as an additional insured with respect to work performed <br /> under this agreement. Severability of interest and naming Licensor and Staubach Global <br /> Services-RR, Inc.as additional insureds shall be indicated on the certificate of insurance. <br /> 15 <br /> Foran 432;Rev.04/26/05 <br /> 8 of 13 - <br />