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DocuSign Envelope ID:7CECB008-D09A-48BA-8717-4C4A8A162FF9 Tracking#22W-14933 ■ Separation of insureds; and • The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. 14.3 Workers' Compensation and Employers' Liability Insurance. a. The policy will provide coverage of all employees performing any part of the installation or maintenance of the Boring work including coverage for, but not limited to: ■ Licensee's statutory liability under the workers'compensation laws of the state(s)in which the work or services under this agreement are to be performed. The policy will cover all of Licensee's employees, regardless of whether such coverage is optional under the law of that state(s). ■ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. a. The policy will include contain the following endorsements or language, which shall be indicated on or attached to the certificate of insurance: ■ Waiver of subrogation in favor of and acceptable to Licensor. 14.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will provide coverage of at least$5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Boring work. THE CONSTRUCTION OF THE BORING WORK SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Boring Work is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include the following: ■ Endorsed to include the Pollution Exclusion Amendment. ■ Endorsed to include the Limited Seepage and Pollution Endorsement. ■ Endorsed to remove any exclusion for punitive damages. ■ Endorsed to include Evacuation Expense Coverage Endorsement. ■ No other endorsements restricting coverage may be added. ■ The original policy must be provided to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and approved the policy. ■ The definition of"Physical Damage to Property"will be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's care, custody and control (including, but not limited to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts or omissions of the contractor named on the Declarations". In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is$1,869.00. X Licensee may elect to participate in Licensor's Blanket Policy; ❑ Licensee declines to participate in Licensor's Blanket Policy. 14.5 Other Requirements: 14.5.1 Where allowable bylaw, no exclusion for punitive damages maybe included in any policy. 14.5.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, Licensee's insurers,through the terms of the policy or policy endorsement, waive their right of subrogation against Licensor for all claims and suits. Form 426; Rev.20180910 -6-