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08/26/03 TUE 11:47 FAX 510 6141 GEOMATRIX OAKLAND f�011 ROE 92030—INS A-i Form Approved,A'VF-Law If Workers Compensation insurance will not cover the liability of Licensee it states that require participation in state workers'compensation fund,Licensee shall comply with,the laws of such states. If Licensee is self-insured,evidence of state approval must be provided along with evidence of excess workers compensation coverage.Coverage shall include liability arising out of the U.S.Longshoremen's and Harbor Workers'Act,the Jones Act,and the Outer Continental Shelf Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: • Alternate Employer Endorsement D Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies,these policies shall"follow form" and afford no less coverage than the primary policy. E Railroad Protective]Liability insurance naming only the Railroad as the insured with a combined single Iimit of$2,000,000 per occurrence with a$6,000,000 aggregate. The policy shall be broad form coverage for"Physical Damage to Property" (ISO Form CC 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the original policy is forwarded to the Railroad. Other Requirements F. Punitive damage exclusion must be deleted,which deletion shall be indicated on the certificate of insurance. G. Licensee agrees to waive its right of recovery,and its insurers,through policy endorsement,agree to waive their right of subrogation against Railroad. Licensee further waives its right of recovery,and its insurers also waive their right of subrogation against Railroad for loss of its owned or]eased property or property under its care,custody and control, Licensee's insurance shall be primary with respect to any insurance carried by Railroad.All waivers of subrogation shall be indicated on the certificate of Insurance. H. All poliey(ies)required above(excluding Workers Compensation)shall provide severability of interests and shall name Railroad as an additional insured. Severability of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance. I. Prior to commencing the Work,Licensee shall fuxnish to Railroad original certificate(s)of insurance evidencing the required coverage,endorsements,and amendments.The certificate(s)shall contain a provision that obligates the insurance company(ies)issuing such policy(ies)to notify Railroad iA writing of any cancellation or material alteration.Upon request from Railroad,a certified duplicate original of any required policy shall be furnished. J. Any insurance policy shall 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 service is to be provided, K. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s),who have been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensees insurance coverage will be primary. L. If Licensee fails to procure and maintain insurance as required,Railroad may elect to do so at the cost of Licensee plus a 25%administration fee. M. The fact that insurance is obtained by Licensee or Railroad on behalf of Licensee shall 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 shall not be limited by the amount of the required insurance coverage. Page 2 of i Exhibit A-x