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CONDITIONS
<br /> The conditions, except Conditions 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, apply to all coverages.
<br /> Conditions 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 apply only to the coverage noted thereunder.
<br /> 1. Premium The premium bases and rates for the hazards described In the declara- cost, voluntarily make any payment, assume any obligation or incur any expense other
<br /> tions are stated therein. Premium bases and rates for hazards not so than for such immediate medical and surgical relief to ethers as shall be impera-
<br /> described are those applicable in accordance with the manuals in use by the Company. tive at the time of accident.
<br /> The term, "contract cost" means the total cast of all work described in Item 6 8. Action Againt Company No action shall lie against the Company unless, as a
<br /> of the declarations. Coverages A and B con ilion com lied witheallnthethereto,
<br /> terms ofthe
<br /> th s Insured
<br /> policy, nshall
<br /> orbave fully
<br /> until the
<br /> The term "rental cost" means the total cast to the contractor for rental of work amount of the Insured's obligation to pay shall have been finally delerm med either
<br /> trains or other railroad equipment, including the remuneration of all employees of the by judgment against the Insured after actual trial Or by written agreement of the
<br /> Insured while operating, attached to or engaged thereon. Insured, the claimant and the Company
<br /> The advance premium stated in the declarations is an estimated premium only. Any person or organization nr the legal representative thereof who has secured
<br /> Upon term.nalion of this policy the earned premium shall be computed In accordance such judgment nr written agreement shall thereafter be entitled to recover under
<br /> with the rAmpany's rules, rates, rating plans premiums and minimum premiums ai this policy to the extent of the insurance afforded by this policy. No person or
<br /> cable to this insurance. If the earned premum thus computed exceeds the esti- organization shall have any right under this policy to join the Company as a party
<br /> mated advance premium paid. the Company shall look to the cent specified In to any action against the Insured to determine the Insured's liability. Bankruptcy
<br /> the declarations for any such excess; if less, the Company shall return to the said or ln�clvency of the Insured or of the Insured's estate shall not relieve the Company
<br /> conlractor the unearned portion paid. of any of its obligations hereunder,
<br /> In no event shall payment of premium be an obligation of the Named Insured. Coverage C No action shall lie against the Company unless, as a condition prece-
<br /> ke available to the Company records of
<br /> dent thereto, there shall have been full compliance with all the terms
<br /> 2. Inspection The Named Insured shall maof this policy
<br /> information relating to the subject matter of this insurance. is determined r
<br /> assprrovidedlinys
<br /> this policy. proof of Inns is filed and the amount of loss
<br /> The Company shall be permitted to inspect all Operations in connection with the 9 Insured's Duties in Event of Loss In the event of loss the Insured shall:
<br /> work described in Item 6 of the declarations. Coverage C
<br /> 3. Limits of Liability The limit of bodily injury liability stated in the declarations
<br /> Coverage A as applicable to "each person" is the limit of the Company's (a) protect the property, whether Or not the loss is covered by this policy, and
<br /> liability for all damages, including damages for care and loss any further loss due to the insured's failure to protect shall not be recover-
<br /> liability
<br /> services, arising out of bodily injury sustained by one person as the result of able under this policy; reasonable expenses incurred in affording such protec
<br /> any one occurrence; the limit Of such liability stated in the declarations as appli- tion shall be deemed incurred at the Company's request;
<br /> cable to."each occurrence" is, subject to the above provision respecting each (bl file with the Company. as soon as practicable after loss, his sworn proof of
<br /> person, the total limit of the Company's liability for all such damage arising out ofmay rea-the
<br /> bodily injury sustained by two or more persons as the result Of any one Occurrence. l o s in sly ruch fOuire m and
<br /> inc upongtsuch
<br /> Int nyas orequest,h exhibitt the Cl
<br /> 4. Limits of Liability The limit of liability under Coverages B and C stated in the property.
<br /> Coverages B and C declarations as applicable to "each occurrence" is the total
<br /> limit of the Company's liability for all damages and all loss 10. Appraisal If the insured and the Company fall to agree as to the amount of
<br /> under Coverages B and C combined arising out of physical injury to, destruction or Coverage C loss, either may, within sixty days after the proof of loss is filed.
<br /> loss of alt property of one or more persons or Organizations, including the loss Of demand an appraisal of the loss. In such event the Insured and
<br /> use of any property due le such injury or destruction under Coverage 9, as the the Company shall each select a competent appraiser, and the appraisers shall select
<br /> result of any one occurrence. a competent and disinterested umpire. The appraisers shall state separately the
<br /> actual cash value and the amount of loss and failing to agree shall submit their
<br /> Subject to the above provision respecting "each occurrence", the limit of liability differences to the umpire. An award In writing of any two shall determine the
<br /> under Coverages B and C stated in the declarations as "aggregate" is the total limit amount of loss. The Insured and the Company shall each pay his chosen appraiser
<br /> of the Company's liability for all damages and all loss under Coverages B and C and shall bear equally the other expenses of the appraisal and umpire.
<br /> combined arising out of physical injury to, destruction or loss of property, including
<br /> In injury or destruction under Coverage B. The Company shall not be held to have waived any of its rights by any act
<br /> the loss of use of any property due to suc
<br /> Under Coverage C. the limit of the Company's liability for less shall not exceed elating to appraisal.
<br /> the actual cash value of the property, or if the loss is of a part thereof the actual 11 Payment of Loss The Company may pay for the loss in money but there shall be
<br /> cash value of such part, at time of loss, nor what it would then cost to repair or Coverage C no abandonment of the damaged property to the Company.
<br /> replace .the property or such part thereof with other of like kind and quality.
<br /> 5. Severability of Interests The term "the Insured" is used severally and not col 12. No Benefit to Bailee The insurance afforded by this policy shall not inure
<br /> Coverages A and B lectively, but the inclusion herein of more than one Cover ageC baileedil �yother or nthan ctlhetNamed benefito the fe any rr
<br /> insured, liable for to
<br /> Insured shall not operate to increase the limits of the the property.
<br /> Company's liability.
<br /> 8. Notice In the event of an occurrence or loss, written notice containing par- 13. Subrogation In the event of any payment under this policy, the Company
<br /> titulars sufficient to identify the Insured and also reasonably obtainable shall be subrogated to all the insured's rights of recovery there-
<br /> inforrr ien with respect to the time, place and circumstances thereof, and the for against any person or organization and the Insured shall execute and deliver
<br /> names and addresses of the injured and of available witnesses, shall be given by or instruments and papers and do whatever else is necesasry to secure such rights,
<br /> for the-insured to the Company or any of its authorized agents as soon as practicable. The Insured shall do nothing after loss to prejudice such rights.
<br /> If claim is made or suit is brought against the Insured, he shall immediately forward
<br /> to the Company every demand, notice, summons or other process received by him or 14 Application of insurance The insurance afforded by this policy is primary
<br /> his representative. insurance.
<br /> 7. Assistance and Cooperation of the Insured The Insured shall cooperate with the 15. Three Year Policy A policy period Of three years is comprised of three con-
<br /> Coverages A and B Company and, upon the Company's re secutiive annual periods. Computation and adjustment of
<br /> earned quest, attend hearings and trials and
<br /> assist
<br /> in se Mng settlements,
<br /> securing
<br /> and Thengnevidence,
<br /> obtainingthe athisof liability ass stated inethis policy fshall napply separately atopeach annualeperiod.
<br /> tmr s
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