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<br />IF WORK IS TO BE PERFORMED BY CONTRACTOR. <br /> <br />Article 4. <br /> <br />rf a contractor is hired by the Licensee to do any of the work performed on the Pipeline (including <br />initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall <br />require its contractor to execute the Licensor's current form of Contractor's Right of Entry Agreement. <br />Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and an <br />understanding of its terms, provisions, and requirements, and will inform its contractor of the need to <br />execute the agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's <br />property without first executing the Contractor's Right of Entry Agreement and the contractor providing <br />to the Licensor the insurance binders, certificates and endorsements described in the Contractor's Right of <br />Entry Agreement. <br /> <br />Article 5. <br /> <br />INSURANCE. <br /> <br />A. Before commencement of the term of this Agreement and prior to any Pipeline construction, <br />the Licensee, at its sole expense, shall provide to the Licensor the insurance binders, certificates and <br />endorsements described in Exhibit C, attached hereto and hereby made a part hereof. The Licensee or it's <br />contractor, whichever entity will be peiforming the Pipeline construction, will need to procure a Railroad <br />Protective Liability Insurance policy for the duration of such work, as described in Exhibit C. <br /> <br />B. Not more frequently than once every two years, Licensor may reasonably modify the required <br />insurance coverage to reflect then-current risk management practices in the railroad industry and <br />underwriting practices in the insurance industry. <br /> <br />C. All insurance correspondence shall be directed to: <br /> <br />Joan M. Preble <br />Folder No. 2442-57 <br />Union Pacific Railroad Company <br />Real Estate Department <br />1400 Douglas Street STOP 1690 <br />Omaha, NE 68179-1690 <br /> <br />D. rfthe Licensee is a public entity subject to any applicable statutory tort laws, the limits of <br />insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required <br />by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with <br />the consent and approval of Licensor. <br /> <br />Article 6. <br /> <br />TERM. <br /> <br />This Agreement shall take effect as of the Effective Date first herein written and shall continue in <br />full force and effect until terminated as herein provided. <br /> <br />