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Contractor's Right of Entry £xC 07/30/0 I Form Approved - AVP Law The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: . Alternate Employer Endorsement D. Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage thŒl the primary policy. E. Railroad Protective Liability insurance naming only the Railroad as the insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be brood form coverage for "Physical Damage to Property" (ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the original policy is forwarded to the Railroad. Other Requirements F. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. G. Contractor agrees to waive its right of recovery, Œld its insurers, through policy endorsement, agree to waive their right of subrogation against Railroad. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under its care, custody and control. Contractor's insuræ1ce shall be primary with respect to æ1Y insurŒlce carried by Railroad. All waivers of subrogation shall be indicated on the certificate of insurance. H. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests Œld shall name Railroad as an additional insured. Severability of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance. 1. Prior to commencing the Work, Contractor shall furnish to Railroad original certificate(s) of insurŒlce evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurŒlce compæ1y(ies) issuing such policy(ies) to notify Railroad in writing of any cancellation or material alteration. Upon request from Railroad, a certified duplicate original of any required policy shall be furnished. J. Any insurance policy shall be written by a reputable insurance compŒlY acceptable to Railroad or with a current Best's lnsurŒlce Guide Rating of A- Œld Class VII or better, Œld authorized to do business in the state(s) in which the service is to be provided. K. Contractor WARRANTS that this Agreement has been thorougWy reviewed by Contractor's insuræ1ce agent(s)!broker(s), who have been instructed by Contractor to procure the insurŒlce coverage required by this Agreement æ1d acknowledges that Contractor's insuræ1ce coverage will be primary. L. The fact that insuræ1ce is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. Page 2 of 2 Exhibit C -