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J <br /> f. Reimburse Railroad for all cost and expense incurred by Railroad in connection with said <br /> work 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 same condition as when Contractor entered <br /> 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 /> h. Contractor,shall pay to Railroad,as of the execution hereof,the sum of Four Hundred Fifty <br /> dollars($450),partially to defray the cost of handling this agreement. <br /> 3_ Contractor agrees to and shall indemnify and hold harmless Railroad,its officers, agents,and <br /> employees from and against any and all claims; demands,losses, damages,causes of action,suits,and <br /> liabilities of every kind(including reasonable attorney's fees, court costs,and other related expenses related <br /> thereto)for injury to or death of a person or for loss of or damage to any property, arising out of <br /> a death of a person or for loss of or damage to any property, arising out of or in connection with any work <br /> done,action taken or permitted by Contractor,its subcontractors, agents, or employees under this contract. <br /> It is the express intention or the parties hereto,both Contractor and Railroad,that the indemnity provided <br /> for in this paragraph indemnifies Railroad for it own negligence,whether that negligence is active or <br /> passive, or is the sole or a concurring cause of the injury, death or damage;provided that said indemnity <br /> shall not protect railroad from liability for death,injury or damage arising solely out of willful misconduct, <br /> gross negligence and/or criminal actions of Railroad,its officers,agents and employees. <br /> 4. Prior to the start of work or occupancy of premises under this agreement, Contractor agrees to <br /> procure and maintain,at its sole cost and expense,the following kinds of insurance with an insurer or <br /> 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$2,000,000 bodily injury <br /> liability and property damage liability,combined single limits. <br /> 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 /> part of this agreement,marked Exhibit"A". <br /> Liability of Contractor under Section 3 hereof shall not be limited to coverage <br /> provided under said insurance policies. <br /> Worker's Compensation and Employer's Liability Insurance covering all <br /> employees of Contractor and any subcontractors wherever they 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 /> Sewing Northern California and the Central Valleys <br /> 2 <br />