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Ua%05� 95 "ITE 11: '.6 Fd.\ 5 1 U a4_ tlJia neaLr ft.U. IQ U09
<br /> f Reimburse Railroad for all cost and expense incurred by Railroad in connection with said work
<br /> including without limitation the expense of furnishing such inspectors,watchman,and
<br /> flagman as Railroad deems necessary, the installation and removal of falsework beneath
<br /> tracks and restoration of Railroad's property to the sonic condition as when Contractor or Sub-
<br /> Contractor entered thereon,or to a condition satisfactory to the Railroad's representative.
<br /> g. Remove any lien against Railroad's property arising from performance of work hereunder by
<br /> Contractor or subcontractor.
<br /> 3. Contractor and Sub-Contractor agree to and shall indemnify and hold harmless Railroad, its
<br /> officers,agents,and employees from and against any and all claims, demands, losses,
<br /> damages,causes of action, suits,and liabilities of every kind(including reasonable attorney's
<br /> fees,court costs, and other related expenses related thereto)for injury to or death of a person
<br /> for loss of or damage to any property,arising out of a death of a person or for loss of or
<br /> damage to any property,arising out of of in connection with any work done,action taken or
<br /> permitted by Contractor, its subcontractors,agents, or employees under this contract.
<br /> It is the express intention or the parties hereto,both Contractor, Sub-Contractor and Railroad,
<br /> that the indemnity provided for in this paragraph indemnifies Railroad for it own negligence,
<br /> whether that negligence is active or passive, or is the sole or a concurring cause of the injury,
<br /> death or damage;provided that said indemnity shall not protect railroad from liability for death.
<br /> injury or damage arising out of willful misconduct,gross negligence and/or criminal
<br /> actions of Railroad, its officers.agents and employees.
<br /> 4. Prior to the start of work or occupancy,of premises under this agreement, Contractor or Sub-
<br /> Contractor agrees to procure and maintain.at its sole cost and expense,the following kinds of
<br /> insurance with an insurer or insurers and form satisfactory to Railroad:
<br /> Comprehensive general and automobile liability insurance with contractual
<br /> liability endorsement and products and completed operations hazards included,
<br /> which shall provide coverage for limits not less than 52,000,000 bodily in
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<br /> ; liability and property damage liability,combined single limits.
<br /> IN ITI Contractor agrees to furnish Railroad with a certificate of insurance to which
<br /> will be attached as an endorsement,the form of which is included as a separate
<br /> a oftitisa e t ked xhibi "A,, The Railroad , requries that the
<br /> Sub—CQntr c or na�etr il=tt'�{ai)�roatd as , additional insured, a form
<br /> of which is included as part of Exhibit A.
<br /> Liability of Contractor or Sub-Contractor under Section 3 hereof shall not be
<br /> limited to coverage provided under said insurance policies.
<br /> Worker's Compensation and Employer's Liability Insurance covering all
<br /> employees of Contractor and any subcontractors wherever thev may be engaged
<br /> in the work covered by this agreement. The policy or policies shall cover the
<br /> entire liability of Contractor and subcontractors as determined by the Worker's
<br /> Compensation Laws of California, and shall contain,so far as it is lawful to,
<br /> obtain the same, a waiver of insurer's right of subrogation against the Railroad
<br /> for payments made to or on behalf of employees of the Contractors or
<br /> subcontractors. A policy for Employer's Liability with a limit of no less than
<br /> $1,000.000 shall also be required and shall be endorsed to provide for a waiver
<br /> of subrogation.
<br /> Serving Northern California and the Central Valleys
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