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8.3. lndemn�ty:
<br />To the �►axirn�m extent per�Ftte� by applicable �aws L�cer�see shalE indemnify and cfefend the
<br />Indemnified Part�es (as def"rned berow} agains� aff claims, ctemands� aetior�s, suits, judgr�en�s,
<br />losses, damages (�nc�uding, but not �im�ted t�, (ost profits and other actuai, cornpensa�ory,
<br />direct� cansequentia�, punitEve, and exemptary damages), expenses, pena�ties, fr'nes,
<br />sanctions, cour� eosts, fitigatfon eosts, and attorneys' �ees (collect'rve[y, Claims} arising Qu� of
<br />ar reCating to any des�ruction of �or damage to) any property or natural resa�crce, any �n�ury to
<br />(or death af} any persan, or any e�vi�onmen�a[ poCfu�ion or contam�nation whatsoever, where
<br />such destruc�ion, damag�s injury, deat�, pollution, or contamination aetually or afleged�y arises
<br />in wha�e or �n pa�t �rom t�e Vt�ork, �r�y action or amission of Lfcensee w�ife or� or abaut the
<br />Proper�y pursuant �a tl��s Agreement, or the exercise by �icensee of the license �ranted by
<br />this Agreemer��. As used in t�Es Agreement, �ndemnified Parties means the follawing
<br />businesses and their officers, directors, er�p�oyees, and agents: Soo �ine Railroacf Campany,
<br />Soo Line �orpQration, Canadian �acif`rc Railway Company, any company doing business as
<br />Car�ad�a� Pacific Railway, and any raifway eompany or cor�tractor opera�ing trains ar rail
<br />equipment upon raifway tracks �n clase proxir�ity to the Property, together with the parent
<br />corripaniesr subs�diaries, and aff'rliated companies of all of the foregoing.
<br />90 INSURAhICE.
<br />Licer�see shal! procure and maintain in effect (or sha�l cause �ts contractor to procure and mainta�n En
<br />�ffect), at any time when any portion of the Work is being performed, the foi[ow'rn� �nsurance:
<br />9.1 a Comprehensive Generat Liability tnsurance:
<br />Gomprehensive genera� liability insurance with a poCicy �imit of not less thar� $2,aao,000 �er
<br />occurrence anc� $5,OOQ,OQO aggregate for bodily injury� death, and da�nage to or destruction
<br />of prvperty (incl�ding �he lass of use thereof}. The policy wi�l inc�ude those po[fey exte�sEons
<br />common{y referred to as braad forrr� completed operations, contractor's protective� coilapse,
<br />and undergroc�nd darnage. The policy s���! by its wording or by endorse�ner�t insure those
<br />liabi��ties and ob[igations �vhich this Agreement c�ntempfates wiEl be assumed �y Licensee,
<br />includEng I�abilit�es and ob�igat�ons to indemnify the Indemnif�ed Parties. The policy shal� be
<br />endorsed �o require t�at C�' be given no� �ess t�tan 30 days wrr'�ten notice in advance o�
<br />cancelfation or termina�ion of the policy or of any change or amendment to the pQ�ic� that
<br />restricts or reduees coverage. The policy shal� be endorsed with a cross �'rability (severabr`lity
<br />of Enterest) endarsement in substan�ialfy the fol[ovrring form: "This po[�ey shal[ �nsure each
<br />persan, f�rm, or corpora�ion here�nde� in tf�e same �nanner and to the same exten� as if a
<br />separate pol'rcy had been issued to each, but �he inelusior� herein af mor� than one insured
<br />sha�� �a� opera�e to increase the ��mits of the insurance company's liabilities." The palicy shafl
<br />be endorsed to add the following as addit'rana� insureds: Sao LEne Rai�road Company, Soo
<br />Line corpora�ion Canadi�n Pacific Rail�rvay �ompany, any company c�o�ng business as
<br />�anadian Paci��c Rai[v�ray, and any railway company or contractor operating trains or raii
<br />ec{uipmen� upon ra�lway t�acks in cfose proximity to the PrQperty, �ogether with the parent
<br />campanies, s�rbsidiaries, and affi['rated cor�panies of a!i of the foregoing (col�eetive�y, the
<br />Protected Parties}. The policy shal� a�so be e�dorsed to waive subrogation rights against the
<br />Protected Parties.
<br />9.2a Automobile L�ability and Property Damage tnsurance�
<br />Automobile liability and property damage insurance in an amount not less than $2,000,000,
<br />personal injury and property damage co�nbined, covering the ownership, use, and operation
<br />af any mQtor vehicles and trailers licensed for use on pubiic highways which are owned,
<br />�eased, or controrled by Licensee or 'rts confractor and used in connee�ion with the Work. The
<br />policy sha![ be endorsed to require that CP be given not less than 3a days writ�en notice in
<br />Right of Entry-City of Arden Hills v 05.20 Page 10 of 13 Soo Line Raifroad Company
<br />O{d Hwy. 1� Bridge City of Arden Hills, MN, Licensee
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