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(b) To the extent that Claims, as defined in 13a above, made against Licensor or its <br /> affiliated companies pertain to injury or death of any of Licensee's employees, <br /> agents, contractors or subcontractors 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 same, REGARDLESS OF THE NEGLIGENCE OR ALLEGED <br /> NEGLIGENCE OF LICENSOR, ITS AGENTS, SERVANTS, EMPLOYEES OR <br /> OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE <br /> CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE <br /> OF LICENSOR. <br /> (c) LICENSEE FURTHER AGREES, REGARDLESS OF ANY NEGLIGENCE OR <br /> ALLEGED NEGLIGENCE OF LICENSOR, TO INDEMNIFY AND HOLD <br /> HARMLESS LICENSOR AND ITS AFFILIATED COMPANIES AGAINST <br /> AND SHALL ASSUME THE DEFENSE OF,—ANY CLAIMS, AS DEFINED IN <br /> SECTION 13 a ABOVE, BROUGHT AGAINST LICENSOR OR ITS <br /> AFFILIATED COMPANIES UNDER THE FEDERAL EMPLOYERS' <br /> LIABILITY ACT (FELA) WHENEVER EMPLOYEES OF THE LICENSEE OR <br /> ANY OF ITS SUBCONTRACTORS CLAIM OR ALLEGE THAT THEY ARE <br /> EMPLOYEES OF LICENSOR OR ITS AFFILIATED COMPANIES OR <br /> OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME <br /> BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED <br /> VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR <br /> REGULATION,INCLUDING BUT NOT LIMITED TO THE SAFETY <br /> APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL <br /> HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND <br /> RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. <br /> (d) Counsel defending Claims against Licensor or another indemnitee under this <br /> Section 13, shall be mutually agreeable to both Licensor and Licensee, with due <br /> regard given to the need 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 this <br /> License, and thereafter until all property of Licensee is removed from the Premises, <br /> a comprehensive general form of insurance covering liability, including, but not <br /> limited to, Public Liability, Personal Injury and Property Damage, as well as <br /> Contractual Liability in the amount of$1,000,000 per occurrence and$2,000,000 in <br /> the aggregate. Such insurance shall contain no exclusion with respect to property <br /> of Licensor in the care, custody or control of Licensee. LICENSOR SHALL BE <br /> NAMED AS AN ADDITIONAL INSURED. <br /> (b) Licensor and Licensee understand and agree Licensee does not own or maintain <br /> automobiles or other vehicles, and does not plan to operate or use any automobile <br /> or other vehicles on or near the Premises. Licensee shall ensure that any <br /> 4 <br />