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Permit No. CFNR 110216A Page 5 of 9 CONTRACTOR OCCUPANCY/ACCESS AGREEMENT EXHIBIT"A" The coverage afforded hereunder shall include the liability assumed by the named insured under the following indemnification provisions contained in an agreement in writing between the named insured and California Northern Railroad, covering work to be performed upon or adjacent to its property Mile Post 93.61, quoted herein below for convenience: CONTRACTOR AGREES TO DEFEND,INDEMNIFY AND HOLD HARMLESS RAILROAD,RAILAMERICA,INC., .ITS OFFICERS,,AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITIES OF EVERY KIND (INCLUDING REASONABLE ATTORNEYS' FEES, COURT COSTS, AND OTHER EXPENSES RELATED THERETO) FOR INJURY TO OR DEATH OF A PERSON OR FOR LOSS OF OR DAMAGE TO ANY PROPERTY,ARISING OUT OF OR IN CONNECTION WITH ANY WORK DONE, ACTION TAKEN OR PERMITTED BY CONTRACTOR, ITS SUBCONTRACTORS,AGENTS OR EMPLOYEES UNDER THIS CONTRACT. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO,BOTH CONTRACTOR AND RAILROAD,THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY,DEATH OR DAMAGE; PROVIDED THAT SAID INDEMNITY SHALL NOT PROTECT RAILROAD FROM LIABILITY FOR DEATH,INJURY OR DAMAGE ARISING SOLELY OUT OF THE CRIMINAL ACTIONS OF RAILROAD,ITS OFFICERS,AGENTS AND EMPLOYEES. IT IS STIPULATED BY THE PARTIES THAT RAILROAD OWES NO DUTY TO CONTRACTOR, ITS CLIENT, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES AGENTS OR INVITEES TO PROVIDE A REASONABLY SAFE WORK PLACE AND THAT ALL PARTIES ENTERING ONTO RAILROAD PROPERTY DO SO AT THEIR SOLE RISK." The policy or policies shall provide coverage in amount of not less than Two Million Dollars ($2,000,000) combined single limit for all damages arising out of bodily injury to or death of persons and for loss of or damage to property. The policy or policies,where applicable and available,shall contain Insurance Services Office Standard Endorsement CG 2417. No cancellation of this policy or modification of the coverage afforded tinder this endorsement shall be effective until ten (10) clays' notice thereof has been given to: RailAmerica, Inc., Atta.: Refit Estate Department, 7411 Fullerton Street,Suite 110,Jacksonville,FL 32256 Facsimile:(904)256-1428. The policy as required in section 10(a)of the Agreement shall name RAILROAD as an additional insured. The policy as required in section 10(b) shall name RAILROAD and affiliates as listed below as additional insured with respect to F.E.L.A.coverage,and/or if applicable under the laws of the State in which the work is performed. The policy as required in section I0(c)shall name Catifornia Northern Railroad find Railamerica Inc as insured. RAILROAD requires that each Insurance Carrier providing coverage must be all Admitted Company In.the State for which this Agreement Is written and have an A.M.Best rating of"A"or better and a financial class rating of 10 or better.