Right of Entry Agreement December 2014Folder No. 02889 -53
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of Dee.-emLec 3 , 2014,
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the
"Railroad "), and CITY OF BLAIR, Nebraska municipal corporation, to be addressed at 218 South 16
Street, Blair, Nebraska 68008 (hereinafter the "Licensee ").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. DEFINITION OF LICENSEE.
For purposes of this Agreement, all references in this Agreement to the Licensee shall
include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under
its or their authority,
Article 2. RIGHT GRANTED; PURPOSE.
The Railroad hereby grants to the Licensee the right, during the term hereinafter stated
and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter
upon and have ingress to and egress from the portion of Railroad's property in the vicinity of Mile Post
340.5, Blair Subdivision, at or near Blair, Nebraska, for the purposes of placing, compacting and grading
clean fill dirt (collectively the "Fill ") after clearing and grubbing the work site (the "Work "), in full
accordance with those portions of the plans and specifications prepared by Licensee, as approved in
writing by Railroad, that pertain directly to the Fairway Drive Embarkment work between plan stations
10 +00 and 20 +00 (the "Plans ") incorporated herein by reference. The right herein granted to Licensee is
limited to those portions of the Railroad's property within the "limits of construction area" specifically
shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, or designated by the
Railroad Representative named in Article 4.
For the purposes of Exhibit A, Licensee acknowledges that if it or its contractor provides to
Railroad digital imagery, Licensee authorizes Railroad to use the Digital Imagery in preparing the print
attached as an exhibit hereto, Licensee represents and warrants that through a license or otherwise, it has
the right to use the Digital Imagery and to permit Railroad to use the Digital Imagery in said manner.
Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.
The terms and conditions contained in Exhibits A , B and C, hereto attached, are hereby
made a part of this Agreement.
Article 4. PERFORMANCE OF THE WORK; INSPECTION.
The Work shall be performed by Licensee in a workmanlike manner, consistent with
Railroad's applicable engineering and construction standards, including without limitation standards
published by the American Railway Engineering and Maintenance of Way Association (AREMA), and in
full accordance with the Plans. No changes shall be made to the Plans, and no Work shall be performed
that deviates from the Plans, unless and until Railroad has consented thereto in writing. Upon final
cornpletiort of the Work in accordance with the Plans, Licensee shall provide a written notice of
completion to Railroad. Following receipt of such written notice, Railroad shall inspect the
Work to confirm completion in conformance with the Plans. If Railroad reasonably determines
that any Work has not been completed in conformance with the Plans, Railroad shall remedy
such work within a reasonable period of time after receiving notice of such determination, If
Railroad is satisfied that the Work has been completed in conformance with the Plans, Railroad
shall provide Licensee written notice thereof ( "Notice of Acceptance ").
Article 5. ALL EXPENSES TO BE BORNE BY LICENSEE; RAILROAD
REPRESENTATIVE,
The Licensee shall bear any acid all costs acid expenses associated with any work
performed by the Licensee, or any costs or expenses incurred by the Railroad relating to this Agreement.
All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the
representative local Manager of Track Maintenatice of the Railroad or his authorized representative
(hereinafter the Railroad Representative). The current Manager Track Mailiteriatice for the Blair
Subdivision is:
Ron Jaure
2204 Highway 30
Missouri Valley, IA 51555
Work Cell Phone: (307) 212 -2719
Article 6. TERM; TERMINATION.
A, The grant of right herein made to Licensee shall commence on the date of this
Agreement, acid coritinue until tire. earlier to occur: (i) ti ►e date of Railroad's Notice of Acceptance, or (ii)
December 31, 2015, wiless sooner terminated as herein provided.
B. This Agreement may be terniitiated by either party on ten (10) days written notice to the
other party.
Article 7. CERTIFICATE OF INSURANCE.
A. Before commencing any work, the Licensee will provide the Railroad with a Certificate
issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit C of this
Agreement in a policy which contains the following type of endorsement:
"Union Pacific Railroad Co►npatiy is named as additional insured with respect to all
liabilities arising out of lnsured's, as Licensee, performance of any work on tiie property
of the Railroad."
B. Licensee warrants that this Agreement has been thoroughly reviewed by its insuratice
agent(s) /broker(s) and that said agetit(s) /broker(s) has been instructed to procure insuratice coverage and
an etidorsernent as required herein.
C. Union Pacific should be listed as certificate holder and all insurance correspondence shall
be directed to: Union Pacific Railroad Company, Deal Estate Department, Attn: Folder No.02889 -53),
1400 Douglas Street STOP 1690, Omalia, Nebraska 68179-1690.
Article 8. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber
optic cable systems is of extreme importance since any break could disrupt service to users resulting in
business interruption and loss of revenue and profits. Prior to beginning any work, the Licensee shall
telephone the Railroad at 1- 800 -336 -9193 (a 24 -hour number) to determine if fiber optic cable is buried
anywhere on the property set forth herein. If it is, the Licensee shall also comply with and be subject to
the provisions contained in Section 6 of Exhibit B .
Article 9. ENFORCEABILITY, CHOICE OF LAW; CHOICE OF FORUM.
This Agreement shall be governed, construed, and enforced in accordance with the laws
of the state of Nebraska. Litigation arising out of or connected with this Agreement may be instituted and
maintained in the courts of the state of Nebraska and Nebraska only, and the parties consent to
jurisdiction over their person and over the subject matter of any such litigation, in those courts, and
consent to service of process issued by such courts.
Article 10. SPECIAL PROVISION — RAILROAD FLAGMAN; WHEN REOUIRED,
FLAGGING CHARGES.
A. No work of any kind shall be performed, and no person, equipment, machinery, tool(s),
material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of
Railroad's track(s) at any timc, for any reason, unless and until a Railroad flagman is provided to watch
for trains, pursuant to the terms of the attached Exhibit B . All expenses connected with the furnishing of
said flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to Railroad all
charges connected therewith, within 30 days after presentation of a bill therefore.
B. One and one -half times the current hourly rate is paid for overtime, Saturdays and
Sundays; two and one -half times current hourly rate for holidays.
C. Wage rates are subject to change, at any time, by law or by agreement between the
Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized
Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or
additional charges are changed, the Licensee shall pay on the basis of the new rates and charges.
D. Reimbursement to the Railroad will be required covering the frill eight hour day during
which any flagman is furnished, unless ]re can be assigned to other Railroad work during a portion of such
day, in which event reimbursement will not be required for the portion of the day during which the
flagman is engaged in other work. Reimbursement will also be required for any day not actually worked
by said flagman following his assignment to work on the project for which the Railroad is required to pay
the flagman and which could not reasonably be avoided by the Railroad Company by assignment of such
flagman to other work, even though the Licensee may not be working during such time.
E. Arrangements for flagging are to be made at least Thirty (30) days in advance of
commencing work, with the Railroad's Manager of Track Maintenance.
Article 11. OWNERSIM OF FILL. NO LEVEE
Upon the date of the Notice of Acceptance, the Fill shall be solely owned by Railroad. The Fill
shall not be deemed to be a levee or any component of a levee system, and Licensee hereby covenants
that it shall not take any action contrary thereto. Railroad may excavate, grade, remove, modify,
rearrange, and dispose of the Pill, as Railroad deems necessary or desirable, in Railroad's sole and
absolute discretion. This provision shall survive any termination or expiration of this Agreement.
Article 12, FILL PLACEMENT SPECIFICATIONS.
In addition to the requirements set forth herein and in the Plans, prior to depositing or using any
dirt or{ or about Railroad's property, such dirt (a) shall be obtained from a borrower pit approved by
Railroad, and (b) shall be thoroughly tested by Licensee for hazardous materials and other conditions.
Licensee shall provide Railroad with such documentation, as is reasonably requested by Railroad,
certifying that the dirt is clean. Without limiting tine foregoing, the Pill and any other soil placed on
Railroad's property shall be "clean" (free of hazardous materials and other conditions) and shall fully
comply with the composition, compaction, embankment stepping specifications and other applicable
Railroad standards, as shall be approved in writing by Railroad's Engineering Department prior to
cornnnencing any work on Railroad's property contemplated by this Agreement.
Article 13. QUITCLAIM DEED.
No later than thirty (30) days after the date of tle Notice of Acceptance, Licensee shall execute
and deliver to Railroad a quitclaim deed without reservation, covering the portions of the property orn
which the Pill is located. The form of quitclaim deed shall be reasonably approved by Railroad. This
provision shall survive the termination or expiration of this Agreement.
IN WITNESS WHEREOF, tine parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY CITY OF BLAIR, NEBRASKA
Fcrlerat Taxpgyer ZD. #94 - 6001323
B
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By:
Printed Name:
EXHIBIT A
Print of Construction Area
(attached hereto)
Exhibit A -I
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EXHIBIT B
Union Pacific Railroad
General Terms and Conditions
Right of Entry Agreement
Section 1 - NOTICE OF COMMENCEMENT OF WORK -- FLAGGING.
The Licensee agrees to notify the Railroad Representative at least Ten (10) days in advance of Licensee
commencing its work and at least Thirty (30) days in advance of proposed performance of any work by the Licensee
in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any
equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upon
receipt of such notice, the Railroad Representative will determine and inform the Licensee whether a flagman need
be present and whether the Licensee need implement any special protective or safety measures. If any flagmen or
other special protective or safety measures are performed by the Railroad, such services will be provided at
Licensee's expense with the understanding that if the Railroad provides any flagging or other services, the Licensee
shall not be relieved of any of its responsibilities or liabilities set forth herein.
Section 2 - LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
a. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation
of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct,
maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication,
fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all
or any of which may be freely done at any time or times by the Railroad without liability to the Licensee or to any
other party for compensation or damages.
b. The foregoing grant is also subject to all outstanding superior rights (including those in favor of
licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the
same, and is made without covenant of title or for quiet enjoyment.
Section 3 - NO INTERFERENCE WITH RAILROAD'S OPERATION
No work performed by Licensee shall cause any interference with the constant, contimrous and
uninterrupted use of the tracks, property and facilities of the Railroad, its lessees, licensees or others, unless
specifically permitted under this Agreement, or specifically authorized in advance by the Railroad Representative.
Nothing shall be done or suffered to be done by the Licensee at any time that would in any manlier impair the safety
thereof. When not in use, Licensee's machinery and materials shall be kept at least 25 feet from the centerline of
Railroad's nearest track, and there shall be no crossings of Railroad's tracks except at existing open public crossings.
Section 4 - PERMITS
Prior to beginning any work, the Licensee, at its sole expense, shall obtain all necessary permits to perform
any work contemplated by this Agreement. -
Section 5 - MECHANIC'S LIENS.
The Licensee s)rall pay in frill all persons who perform labor or provide materials for the work to be
performed by Licensee. The Licensee shall not create, permit or suffer any mechanic's or nraterialmen's liens of any
kind or nature to be enforced against any property of the Railroad for any such work performed. The Licensee shall
indemnify and hold Harmless the Railroad fionr and against any and all liens, claims, demands, costs or expenses of
Exhibit B -1
whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials
furnished.
Section 6 - FIBER OPTIC CABLE SYSTEMS.
In addition to other indemnity provisions in this Agreement, the Licensee sliall indemnify, defend and Hold
the Railroad Harmless fi•orn and against all costs, liability and expense whatsoever (including, without limitation,
attorneys' fees, court costs and expenses) arising out of any act or oinission of the Licensee, its contractor, agents
and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system
on Railroad's property, and (2) any injury to or death of any person employed by or on behalf of any
telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Licensee shall
not nave or seek recourse against Railroad for any claim or cause. of action for alleged loss of profits or revenue or
loss of service or other consequential damage to a telecommunication company using Railroad's property or a
customer or user of services of the fiber optic cable on Railroad's property.
Section 7 - COMPLIANCE WITH LAWS
In the prosecution of the work covered by this Agreement, the Licensee shall comply with all applicable
federal, state and local laws, regulations and enactments affecting the work. The Licensee shall use only such
methods as are consistent with safety, both as concerns the Licensee, the Licensee's agents and employees, the
officers, agents, employees and property of the Railroad and the public in general. The Licensee (without limiting
the generality of the foregoing) shall comply with all applicable state and federal occupational safety and Health acts
and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the
Railroad's property. If any failure by the Licensee to comply with any such laws, regulations, and enactments, shall
result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Licensee shall
reimburse and indemnify the Railroad for any such fine, penalty, cost or charge, including without limitation
attorneys' fees, court costs and expenses. Tile Licensee further agrees in the event of any such action, upon notice
thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
Section 8 - SAFETY INSTRUCTIONS
Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution
of the work pursuant to this Agreement. As reinforcement and in furtherance of overall safety measures to be
observed by the Licensee (and not by way of limitation), the following special safety rules shall be followed;
a. The Licensee shall keep the job site free from safety and health hazards and ensure that its employees
are competent and adequately trained in all safety and health aspects of the job. The, Licensee shall have proper first
aid supplies available on the job site so that prompt first aid services can be provided to any person that may be
injured on the job site. The Licensee shalt promptly notify the Railroad of any U.S. Occupational Safety and Health
Administration reportable injuries occurring to any person that may arise during the work performed on the job site.
The Licensee shall have a not- delegable duty to control its employees, while they are on the job site or any other
property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any
alcoholic beverage or illegally obtained drug, narcotic or other substance that may inhibit the safe performance of
work by an employee.
b. The employees of the Licensee shall be suitably dressed to perform their duties safely and in a manner
that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shirts with
sleeves and trousers that cover the entire leg are to be worn. If flare - legged trousers are worn, the trouser bottoms
must be tied to prevent catching, The employees should wear sturdy and protective footwear. Employees shall not
wear boots (other than work boots), sandals, canvas -type shoes or other shoes that have thin soles or heels that are
higher than normal. In addition, the Licensee sliall require its employees to wear personal protective equipment as
specified by Railroad rules, regulations or Railroad officials overlooking the work at the job site. In particular, the
protective equipment to be warn shall be
Exhibit B -Z
(1) Protective bead gear that meets American National Standard-Z89. I -latest revision. It
is suggested that all hardhats be affixed with Licensee's or subcontractor's company logo or name.
(2) Byre protection that meets American National Standard for occupational and
educational eye and face protection, Z87.I-latest revision. Additional eye protection must be
provided to meet specific job situations such as welding, grinding, burning, etc.; and
(3) Hearing protection which affords enough attenuation to give protection from noise
levels that will be occurring on the job site.
c. All heavy equipment provided or leased by the Licensee shall be equipped with audible back -up
warning devices. If in the opinion of the Railroad Representative any of Licensee's or any of its subcontractors'
equipment is unsafe for use on the Railroad's right-of-way, the Licensee, at the request of the Railroad
Representative, shall remove such equipment from the Railroad's right -of -way.
Section 9 - INDEMNITY
a. As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at
or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss,
damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including
court costs and attorneys' fees, which may result fi•ont: (i) injury to or death of persons whomsoever (including the
Railroad's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other
person); and (ii) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to
the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody).
b. Asa major inducement and in consideration of the license and permission herein g►•anted, the Licensee
agrees to release, indemnify, defend and hold harmless the Railroad from any Loss that is due to or arises from any
cause and is associated in whole or in part with the work performed under this Agreement, a breach of the
Agreement or the failure to observe the health and safety provisions herein, or any activity or omission arising out of
performance or nonperformance of this Agreement; regardless of whether caused solely or contributed to in part by
the negligence or fault of the Railroad.
c. Any liability of either party hereunder to one of its employees under any Workers' Compensation Act
or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall
any jury or court findings, resulting fiom any employee's suit against either party pursuant to any such Act(s), be
relied upon or used by either party in any attempt to assert common law liability against the other.
d. Upon written notice from Railroad, the Licensee agrees to assume the defense of any lawsuit or
proceeding brought against any indemnitee by any entity, relating to any matter covered by this Section 9 far
which, and to the extent, the Licensee has an obligation to assume liability for and /or save, defend and hold
harmless any indemnitee. The Licensee shall pay all costs incident to such defense, including, but not limited to,
reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts
paid in satisfaction of judgments.
Section 10 - RESTORATION OF PROPERTY
In the event the Railroad authorizes the Licensee to take down any fence of the Railroad or in any manner
move or disturb any of the other property of the Railroad in connection with the work to be performed by Licensee,
then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other
property to the saute condition as the same were in before such fence was taken down or such other property was
moved or disturbed, and the Licensee shall indemnify and hold harmless the Railroad, its officers, agents and
employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever
nature, arising fi - om the taking down of any fence or the moving or disturbance of any other property of the
Railroad.
Exhibit B -3
Section 11 - WAIVER OF BREACH
The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be
kept, observed and perforated by the Licensee shall in no way impair the right of the Railroad to avail itself of any
remedy for any subsequent breach thereof.
Section 12 - ASSIGNMENT — SUBCONTRACTING
The Licensee shall not assign, sublet or subcontract this Agreement, or any interest therein, without the
written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the
Railroad shall be void. If the Railroad gives the Licensee permission to subcontract all or any portion of the work
herein described, the Licensee is and shall remain responsible for all work of subcontractors and all work of
subcontractors shall be governed by the terms of this Agreement.
Exhibit B -4
EXHIBIT C
Union Pacific Railroad
Contract Insurance Requirements
Right of Entry Agreement
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement
(except as otherwise provided in this Agreement) the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of
not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL
insurance must be written oil ISO occurrence form CG 00 Ol 12 04 (or a substitute form providing
equivalent coverage).
The policy must also contain the following endorsement, which must be stated oil the certificate of
insurance:
Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent
coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.'
B. Business Automobile Coverage, insurance. Business auto coverage written on ISO form CA 00
O1 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less
$2,000,000 for each accident.
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute
form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90) if required by law,
C. Workers Compensation and Employers Llftbjlft insurance. Coverage Hurst include but not be
limited to:
Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this
Agreement.
Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit
$500,000 0,1011 employee.
If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be
provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'
Act, the Jones Act, and the Outer Continental Shelf Laud Act, if applicable.
D, Railroad Protective Liability insurance. Licensee must maintain Railroad Protective Liability
insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent
coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence
and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad
before the work may be commenced and until the original policy is forwarded to Railroad.
E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, these policies
mast "follow form" and afford no less coverage than the primary policy.
Exhibit C -1
F. Pollurtimr Liability insurance. Pollution Liability coverage must be included when the scope of
tine work as defined in the Agreement includes installation, temporary storage, or disposal of any
"hazardous" material that is injurious in or upon land, the atmosphere, or' any watercourses; or may cause
bodily injury at any time.
Pollution liability coverage must be written oil ISO form Pollution Liability Coverage Form Designated
Sites CG 00 34 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least
$5,000,000 per occurrence and an aggregate limit of $10,000,000.
If the scope of work as defined inn this Agreement includes the disposal of any hazardous or non -
hazardous materials from the job site, Licensee must furnish to Railroad evidence of poiluution legal
liability insurance maintained by the disposal site operator for losses arising from the insured facility
accepting the materials, with coverage in miuimunn amounts of $1,000,000 per loss, and all annual
aggregate of $2,000,000.
Other Repuire}uents
G. All policy(ies) required above (except worker's compensation and employers liability) must
include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA
20 48 (or substitute forms providing' equivalent coverage). The coverage provided to Railroad as
additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26,
and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and
shall not be limited by Licensee's liability under the indemnity provisions of this Agreement.
H. Punitive damages exciusiorn, if any, must be deleted (and tine deletion indicated oil the certificate
Of irnsuratnce), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that
may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this
agreement will be performed..
1. Licensee waives all rights against Railroad and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the workers compensation and
employers liability or commercial umbrella or excess liability insurance obtained by Licensee required by
this agreement.
J. Prior to commencing the work, Licensee small furnish Railroad with a certificate($) of innsurance,
executed by a duly authorized representative of each unsure", showing compliance with the insurance
requirements in this Agreement.
K. All insurance policies must 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 work is to be performed.
L. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be
deenned to release or diminish the liability of Licensee, including, without limitation, liability under the
indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third
Party will not be limited by the amount of the required insurance coverage.
Exhibit C -2