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Grantee is not allowed to self-insure without the prior written consent of Railway. If granted by Railway,
<br /> any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by
<br /> Grantee in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the
<br /> provisions of this Easement Agreement, be covered by Grantee's insurance will be covered as if Grantee
<br /> elected not to include a deductible, self-insured retention, or other financial responsibility for claims.
<br /> Prior to commencing work, Grantee shall furnish to Railway an acceptable certificate(s) of insurance
<br /> including an original signature of the authorized representative evidencing the required coverage,
<br /> endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies)
<br /> shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railway in
<br /> writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This
<br /> cancellation provision shall be indicated on the certificate of insurance. Upon request from Railway, a certified
<br /> duplicate original of any required policy shall be furnished.
<br /> Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a
<br /> current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which
<br /> the service is to be provided.
<br /> Grantee represents that this Easement Agreement has been thoroughly reviewed by Grantee's
<br /> insurance agent(s)/broker(s), who have been instructed by Grantee to procure the insurance coverage required
<br /> by this Easement Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages
<br /> referenced above.
<br /> Not more frequently than once every five years, Railway may reasonably modify the required insurance
<br /> coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in
<br /> the insurance industry.
<br /> If any portion of the operation is to be subcontracted by Grantee, Grantee shall require that the
<br /> subcontractor shall provide and maintain insurance coverages as set forth herein, naming Railway as an
<br /> additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the
<br /> same extent and under the same terms and conditions as Grantee is required to release, defend and indemnify
<br /> Railway herein.
<br /> Failure to provide evidence as required by this Section 8 shall entitle, but not require, Railway to
<br /> terminate the Easement immediately. Acceptance of a certificate that does not comply with this Section 8 shall
<br /> not operate as a waiver of Grantee's obligations hereunder.
<br /> The fact that insurance (including, without limitation, self-insurance) is obtained by Grantee shall not be
<br /> deemed to release or diminish the liability of Grantee including, without limitation, liability under the indemnity
<br /> provisions of this Easement Agreement. Damages recoverable by Railway shall not be limited by the amount of
<br /> the required insurance coverage.
<br /> For purposes of this Section 8, Railway shall mean "Burlington Northern Santa Fe, LLC", "BNSF
<br /> Railway Company" and the subsidiaries, successors, assigns and affiliates of each.
<br /> Section 9 Environmental.
<br /> 9.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and
<br /> local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation
<br /> and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
<br /> Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
<br /> and the Toxic Substances Control Act(collectively referred to as the "Environmental Laws"). Grantee shall not
<br /> maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms
<br /> are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
<br /> release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances"
<br /> may now or in the future be defined by any Environmental Laws.
<br /> Form 701;Rev.02/12/10
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