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Union Pacific Fax 3/06/1998 11 :48 PACE 10/12 RightFAX <br /> ROE 920316-INS A-1 <br /> Porro Approved.AVP-Lw <br /> E)C-UBIT A-1 <br /> Ftfght of Entry Agreement <br /> lrrsurance Recivirernents <br /> Licensee stall at fta ownaole coat and tense.pr'oetae the following kinds of}insurance and promptly pay when due all <br /> premiums for that tnsuro=e. The following insurance shall be inapt in force during the life of this Agreement: <br /> General Public Liability insurance providing bodily tNury,including death personal injury and Property damage <br /> cavetage with a comtined single limit of at least 52,000,000 each ocautseme or claim and a general aggregate <br /> lirnit of at least$4,000,000. This insurance shall provide Broad Form Contractual LiahlitY Covering the urdemriity <br /> provisicra contorsred in this Agreement Underground hazard. Prodtctz-Completed Operations with <br /> products-completed operation aJre9=0 of at WM'$2000.000,a separate general aggregate for the project QSO <br /> Form CG 25 03 or equivalent,Broad Fong Praparty Dm=ge.severability of iniereciz and name Railroad as an <br /> additional insured with respect to all llahlities arising out of Licensee's obligation to Rcdlroad in the Agreement <br /> 2 coverage is ptrchosed cn a'cloims made'bass it shall provide for at least a three(3)year extended reporting <br /> or discovery period which shall be inked should insurance comrinq the time period of this Agreement be <br /> cancelled <br /> Automobile Public Liability trourance providing bodily hpzy and prop"damage vrith a combined single limit <br /> d at least$2,'. 0000 9=hccc+rrenoe or ckArrt. Thia iraur ice shaft provide contractual llabaity by endorsement <br /> ISO Farm CA 00 25 or equvalent covering all motor vehicles imhidirV hired and non owned mobile equipment <br /> to the,%tent it may be excluded from general lia'titity insurance,aeverabillty of interests and name Railroad as <br /> an additional insured with respect to all liabilftUm cuising out of Licernee's obligation to Railroad in the Agreement <br /> Workers Compensation insurance covering the statutory liability Qs determined by the compens ation laws of the <br /> stofe(s)affected by thm Agreemerd and FmPbYeTB Also compliance with all laws of states which require <br /> pcaticipabcn in their stata workers'compermatian fund. <br /> he Licensee hereby waive, its right to subrogaticnt as respects the above imuac=e policy(ies),against Railroad for <br /> payments made to or on behod of employees of Licersee or its agents ora for loss outs owned or leased property or property under <br /> its care,custody and carom while on or near Rcdlroads right-oi-way or other read property. Ucerseev tnsurcma s hall be primary <br /> with respect to any instaazrce carried by Railroad- <br /> Licensee shat]fun-ash to Railroad certificate(s)of fristrar=v evidencing the required coverage and endorsement(s)and <br /> upon request a certified dupboate ongmaf of airy of those policies. The insurar=company0es)issuing such policy(iss)shall notify <br /> Railroad in writing of any material alteration including any change in the retroactive date in arty 'cunrns-made' policies or <br /> substantial reduction of aggregate limits.If such limits apply,or cancellation thereof at least thirty(30)days prior ttrersto. <br /> The insure%a policy(iss)shell be wrm&n by a reputable insurance company or companies acceptable to Railroad or with <br /> a current Best's insurtrce Guide Rating of B and Ckrsa VII or better. Such iravrance company shaD be authorized to transact <br /> biauzesa in the state(,)affected by this Agreement <br /> 1 Eihibit A-1 <br /> �4baralaztubitbtiaairw l.era PW <br /> 1:1for�livsrsns.k)o <br /> ZT 3@VC! -WiN31NNO�IIAN3'iH9IZiM ZSTSZEB60ZT ES:0T 966T/90/S0 <br />