AgdaPkt 2010-06-28 - Laserfiche WebLink

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6.1A Page 34 District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, the National Railroad Passenger Corporation and the Union Pacific Railroad Company. 1) Coverage shall be on the RIMA policy form and include, but not be limited to: Claims arising out of injury to or death of any person Physical loss or damage to or destruction of property including the JPS's rolling stock and any resulting loss of use thereof Coverage for supervisory acts of railroad employees FELA coverage for railroad employees All other railroads operating on the right-of-way Pollution extension for fuels and lubricants brought onto the job location fees, defense costs including attorneys and any other fees associated with a claim. 1) The policy shall contain a Joint Loss Payee endorsement naming the JPB as further detailed in the Endorsements Section below. 2. ENDORSEMENTS A) Additional Insured. The referenced policies and any Excess or Umbrella policies shall include as Additional Insureds the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District. the Santa Clara Valley Transportation Authority, the National Railroad Passenger Corporation and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers and agents while acting in such capacity, and their successors or assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally. B) Waiver of Subrogation. The referenced policies and any Excess or Umbrella policies shall contain a waiver of subrogation in favor of the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District. the Santa Clara Valley Transportation Authority, the National Railroad Passenger Corporation and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers and agents while acting in such capacity, and their successors or assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally. C) Primary Insurance. The referenced policies and any Excess and Umbrella policies shall indicate that they are primary to any other insurance and the insurance company(-ies) providing such policy(-ies) shall be liable thereunder for the full amount of any loss or claim, up to and including the total limit of liability, without right of contribution from any of the insurance effected or which may be effected by the JPB. D) Severability of Interests or Cross Liability. The referenced policies and any Excess or Umbrella policies shall contain either a Cross Liability endorsement or Severability of Interests Clause and stipulate that inclusion of the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the National Railroad Passenger Corporation and the Union Pacific Railroad Company as Additional Insureds shall not in any way affect the JPB's rights either as respects any claim, demand, suit or judgment made, brought or recovered against the Licensee. Said policy shall protect Licensee and the JPB in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the insurance company's liability as set forth in its policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured. E) Joint Loss Payee Endorsement. The JPB shall be named as a Joint Loss Payee on the Licensee's Employee Dishonesty policy. 1306159.1