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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 /> 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 I <br /> fees, defense costs including attorneys and any other fees associated with a claim. <br /> 1) The policy shall contain a Joint Loss Payee endorsement naming the JPB as further <br /> detailed in the Endorsements Section below. <br /> 2. ENDORSEMENTS <br /> A) Additionallnsured. <br /> The referenced policies and any Excess or Umbrella poticies 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 /> 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 /> 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 /> 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 the JPB 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 /> E) Joint Loss Payee Endorsement. <br /> The JPB shall be named as a Joint Loss Payee on the Licensee's Employee Dishonesty policy. <br /> 1306159.1 <br /> J <br />