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I <br /> Law Department Approved Tracking#: 05-29401 <br /> Licensee is not allowed to self-insure without the prior written consent of Licensor. If granted <br /> by Licensor, any deductible, self-insured retention or other financial responsibility for claims <br /> shall be covered directly by Licensee in lieu of insurance. Any and all Licensor liabilities that <br /> would otherwise, in accordance with the provisions of this Agreement, be covered by <br /> Licensee's insurance will be covered as if Licensee elected not to include a deductible, self- <br /> insured retention, or other financial responsibility for claims. <br /> Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable <br /> certificate(s) of insurance including an original signature of the authorized representative <br /> evidencing the required coverage, endorsements, and amendments. The policy(ies) shall <br /> contain a provision that obligates the insurance company(ies) issuing such policy(ies) to <br /> notify Licensor in writing at least thirty (30) days prior to any cancellation, non-renewal, <br /> substitution or material alteration. This cancellation provision shall be indicated on the <br /> certificate of insurance. In the event of a claim or lawsuit involving Railroad arising out of this <br /> agreement, Licensee will make available any required policy covering such claim or lawsuit. <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 authorized <br /> to do business in the state(s)in which the service is to be provided. <br /> Licensee represents 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 that <br /> the subcontractor shall provide and maintain insurance coverages as set forth herein, <br /> naming Licensor as an additional insured, and shall require that the subcontractor shall <br /> release, defend and indemnify Licensor to the same extent and under the same terms and <br /> conditions as Licensee is required to release,defend and indemnify Licensor herein. <br /> Failure to provide evidence as required by this section shall entitle, but not require, Licensor <br /> to terminate this License immediately. Acceptance of a certificate that does not comply with <br /> this section shall not operate as a waiver of Licensee's obligations hereunder. <br /> The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee <br /> shall not be deemed to release or diminish the liability of Licensee including, without <br /> limitation, liability under the indemnity provisions of this License. Damages recoverable by <br /> Licensor shall not be limited by the amount of the required insurance coverage. <br /> For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe <br /> Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and <br /> affiliates of each. <br /> Form 432;Rev.04/26/05 <br /> -9of13 - 1r' <br />