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