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�� TES FIDELITY' F700A1d,c1`�-RW,S roon & Black UNITED STIP of Ohio Inc. ANDGUARANTY IA�RANTY ��J III�AN t'O.6oro2400 COW, W%.OhW4a202 yfG::i SOUTHERN PACIFIC TRANSPORTATION CO. C One Market Plaza, Room 1007 San Francisco, CA 94105 ITEM 2. Policy Period Oct. 30, 1985 1 2:01 A.NI, standard time at the RAILROAD PROTECTIVE LIABILITY POLICY (State or Federal Highway Projects) S I UNITED STATES FIDELIaTY% ''A{Nlb�.GUARANTY COMPANY UALTI1ff`O7ftE°:\MkRYLAND r-- {A Stack Insurance Company, Herein Called the Company} ,� =! Agrees with the Insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the declarations and subject to all of the terms of this policy: INSURING AGREEMENTS I Coverage A—Bodily Injury Liability (c) Designated employee of the Insured. The words "designated employee of t the Insured" mean: (l} any supervisory employee of the Insured at the job site, To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury, sickness, or disease, including death at any time resulting therefrom, hereinafter called (2) any employee of the insured while operating, attached to or engaged "bodily injury", either (1) sustained by any person arising out of acts or amis- on work trains or other railroad equipment at the job site which are cions at the designated job site which are related to or are in connection with assigned exclusively to ing contractor, or (3) any employee of the Insured the work described in Item 6 of the declarations, or (2) sustained at the not within {]) or {2) who is specifically designated job site by the contractor or any employee of the contractor, or by loaned or assigned to the work of the contractor for prevention of =. any a ployee of the governmental authority specified in Item 5 of the declare accidents or protection of properly, the cost oS whose services is lions, or by any designated employee of the Insured, whether or not arising borne specifically by the contractor or by governmental authority. out of such acts or omissions. (d) Contract. The word "contract" means any contract or agreement to carry a person or property for a consideration or any lease, trust or interchange Coverage B—Property Damage Liability contract or agreement respecting motive power, rolling sloe. or mechan' To pay on behalf of the Insured all sums which the insured shall become ical construction equipment. legally obligated to pay as damages because of physical injury to or destruction r; of property, including loss of use of any properly due to such injury or destruc- tion, hereinafter called "property damage", arising out of acts or omissions at 1 the designated job site which are related to or are in connection with the work Ill Defense, Settlement, Supplementary Payments ±' ;i described in Item 6 of the declarations. With respect to such insurance as is afforded by this policy under Coverages Coverage C—Physical Damage to Property A and B, the Company shall: `1 To pay for direct and accidental loss of or damage to rolling stock and their (a) defend any suit against the Insured alleging such bodily injury or prop- contents, mechanical construction equipment, or motive power equipment• here• erty damage and seeking damages which are payable under the terms of inafter called loss, arising out of acts or omissions at the designated job site this policy, even if any of the allegations of the suit are groundless. : which are related to or are in connection with the work described in Clem 6 false or fraudulent; but the Company may make such investigation and i:1 of the declarations; provided such property is owned by the Named Insured or settlement of any claim or suit as it deems expedient; is leased or entrusted to the Named Insured under a lease or trust agreement. (b) pay, in addition to the applicable limits of liability: II Definitions (1) all expenses incurred by the Company, all Costs faxed against the Insured in am such suit and all interest on the entire amount of any (a) Insured. The unqualified word "Insured" includes the Named Insured and ud ment therein which accrues after entry o1 the judgment and be also includes any executive officer, director or stockholder thereof while 1 g acting within the scope of his duties as such. fore the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's ',I (b) Contractor. The word "conlraclar" means the contractor designated in liability thereon; Item 4 of the declarations and includes all subcontractors of said con tractor but shall not include the Named Insured. (2) premiums an appeal bonds required in any such suis, premiums on fa. I E51. iii° ....:ii.'�i ♦ _ ... �' ~isv .. :Rte ...:isS',•../`?. ___ —...._ " �.....u•. res H_QOI