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(b) To the cadent that Claims, as defined in 13a above, mads. against Licensor or its <br /> affiliated companies pertain to injury or death of any of Licensee's employees, <br /> agents, contractors or subountractors who are eligible for recovery therefor under a <br /> worker's compensation program, Licensee shall indemnify and hold harmless <br /> Licensor and its affiliated companies, and shall at Licensor's discretion assume the <br /> defense of sante, REGARDLESS OF THE NEGIAG NCE OR ALLEGED <br /> NEGLIGENCE OF LICLNSOR, ITS AGENTS, SliRVANTS, LMI'LOYEES OR <br /> OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE <br /> CAUSED BY THE 1NTEN11ONAI. ]AISC,014D lC"T OR GROSS NEGLIGENCE <br /> OF LICENSOR. <br /> (c) LICENSEE 1-URT14ER AGREES, REGARDLESS OF ANY NEGLIGENCE OR <br /> ALLEGED NEOLI013NCE OF LICENSOR, TO INDEMNIFY AND HOLD <br /> HARMLESS LICENSOR AND ITS AFFILIATED COMPANIES AGAINST <br /> AND SHALL ASSUME TI Ili DEFENSE OF, ANY CLAIMS, AS DEFINED 1N <br /> SECTION 13 a ABOVE. BROUG14T AGAINST LICENSOR OR ITS <br /> AFFILIATE 1) COMPANII.S UNDER THE FEDERAL EMPLOYERS' <br /> LIABILITY ACT(FELA) WHENEVER EMPLOYEES OF THE LICENSEE OR <br /> ANY OF ITS SUBCONTRACTORS CLAIM Olt ALLEGE THAT THEY" ARI? <br /> EMPLOYEES OF LICENSOR 0I ITS AFFILIATED CONI PANI-IS Olt <br /> OTHERWISE. THIS INDEMNITY SI IALL ALSO L?C"I"E;NI7, ON THE SAME <br /> BASIS, TO VELA CLAIMS BASED ON ACTUAL OR ALLEGED <br /> VIOLKI IONS OF ANY FEDERAL. STATE Olt LOCAL LAWS OR <br /> RFOULATION, INCLUDING BUT NOT LIMITED TO THL SAFETY <br /> APPLIANCE ACT, I HE BOILER INSPECTION ACT,THE OCC:CII'ATIONAL <br /> HEALTH AND SAFETY ACT", THIS RI SO SRC F-: CONwIi:RVATJON AND <br /> RECOVERY ACT, AND ANY SIM]LAR STA-1-17s OR I-TI) :RAL STATUTE. <br /> (d) Counsel defetading Claims against Licensor or another indemnitee under this <br /> Section I�, shall he mutually agreeable to bath Liccnsor and Licensee, with due <br /> regard given to tltc nod- for legal expertise and experience in railroad related legal <br /> matters. <br /> 14. (a) Licensee shall, at its expense, procure and maintain throughout the term of diiti <br /> License, and thereafter until all property of Licensee is removed from tlae Prernists, <br /> a comprehensive general 1'01111 of insuraucie covering liability, including,but not <br /> limited to, Public Liability. Personal Injure and Property Damage, as wc[l as <br /> Contractual Liability in the amount of$1.000.000 per aecurrence and $2,000,004) in <br /> the aggregate. Such iusu€once shall contain no exclusion %kith rcvpect to property <br /> c�II,iccnsar in etre e:'ir,:, cutcxly or contrcol of Licensee. LICENtit)lt SIEALL 131. <br /> NAMED AS AN ARIA I IONAI, 1NSURI.1) <br /> {t1; Licensor and I.rcenscc; un&rs-Und .and agtet licensee dues out wmi m rnasntma <br /> automobiles or other vehicles: Lind .lues not plan to oaper:rte or use an'-"atltornollitc <br /> or gather vehicles cm iv hear €hc I'rctttises. I.1Ce11SCC ~bath ensure that ,try <br /> �1 <br />