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<br />2 <br /> <br />and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration <br />page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed <br />under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or <br />broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage <br />required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED <br />TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS <br />FORWARDED TO UNION PACIFIC RAILROAD. <br /> <br />E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must <br />“follow form” and afford no less coverage than the primary policy. <br /> <br />F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work <br />as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" <br />material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury <br />at any time. <br /> <br /> If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or <br />RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution <br />Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least <br />$5,000,000 per occurrence and an aggregate limit of $10,000,000. <br /> <br /> If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- <br />hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability <br />insurance maintained by the disposal site operator for losses arising from the insured facility accepting the <br />materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. <br /> <br />Other Requirements <br /> <br />G. All policy(ies) required above (except business automobile, worker’s compensation and employers <br />liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG <br />20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to <br />Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions <br />of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC <br />RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE <br />AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND <br />CG 20 37. <br /> <br />H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of <br />insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that <br />may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this <br />agreement will be performed. <br /> <br />I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages <br />against Railroad and its agents, officers, directors and employees for damages covered by the workers <br />compensation and employers liability or commercial umbrella or excess liability obtained by Contractor <br />required in this agreement where prohibited by law. This waiver must be stated on the certificate of <br />insurance. <br /> <br />J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, <br />executed by a duly authorized representative of each insurer, showing compliance with the insurance <br />requirements in this agreement.