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ROE 920016 + . . FormApprovcd.AVJ-L= E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, these policies j must"follow form"and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of the work as defined in the Agreement includes installation, temporary storage, or disposal of any "hazardous"material that is injurious in or upon land, the atmosphere,or my watercourses; or may cause bodily injury at any time. I Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04(or a substitute form providing equivalent liability coverage),with limits of at least $5,000,000 per occurrence and an aggregate limit of$10;000,000. i t If the scope of work as defined in this Agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Licensee must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of$2,000,000. Other Requirements G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as"Additional Insured" using ISO Additional Insured Endorsements CO 20 26,and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement H. Punitive damages exclusion,if any,must be deleted(and the deletion indicated on the certificate of insurance),unless(a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement,or(b)all punitive damages are prohibited by all states in which this agreement will be performed.. I I. Licensee waives all rights against Railroad and its agents,officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability insurance obtained by Licensee required by j this agreement. J. Prior to commencing the work,Licensee shall furnish Railroad with a certificate(s)of insurance, executed by a duly authorized representative of each insurer,showing compliance with the insurance requirements in this Agreement. K All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s)in which the work is to be performed. L. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. ROE 920316-INS a-1 Form Approved,AVP-Law