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<br />Article 4. <br /> <br />DEFINITION OF LICENSEE. <br /> <br />For purposes of this Agreement, all references in this Agreement to the Licensee shall include the <br />Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their <br />authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including <br />initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall <br />provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms <br />and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be <br />deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such <br />contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the <br />same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. <br /> <br />Article 5. <br /> <br />INSURANCE. <br /> <br />A. Before commencement of the term of this Agreement and Drior to any PiDeline <br />construction, the Licensee or Licensee's contractor shall obtain the required Railroad Protective <br />Liability insurance~ at its sole expense, as specified in Section E on Exhibit C attached hereto and <br />hereby made a part hereof. The Licensee, at its sole expense, shall also provide to the Licensor the other <br />insurance binders, certificates and endorsements described in Exhibit C, and also require that its <br />contractor or subcontractor maintain the insurance coverages as set forth in Exhibit C, naming Licensor <br />as and additional insured. <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, binders, certificates and endorsements shall be directed to: <br /> <br />Union Pacific Railroad Company <br />Real Estate Department - Folder No. 2545-56 <br />1400 Douglas Street STOP 1690 <br />Omaha, NE 68179-1690 <br /> <br />D. Failure to provide evidence as required by this section shall entitle, but not require, Licensor <br />to terminate this License immediately. Acceptance of a certificate that does not comply with this Article <br />shall not operate as a waiver of Licensee's obligations hereunder. <br /> <br />E. If the 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 />F. The fact that insurance (including without limitation, self-insurance) is obtained by Licensee <br />or its contractor/subcontractor shall not be deemed to release or diminish the liability of Licensee <br />including, without limitation, liability under the indemnity provisions of this License. Damages <br />recoverable by Licensor shall not be limited by the amount of the required insurance coverage. <br /> <br />