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15.4 Railroad. Protective Liability Insurance. The policy will name only Licensor as the Insured. and will provide coverage of at least $5,00.0,.000 per occurrence and $1.0,000,000. in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of. the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALLBE COMPLETE© WITHIN ONE (1) YEAR of THE EFFECTIVE DATE, if further maintenance of the Pipeline is needed at a later date, an additional Railroad Protective Liabflity Insurance Policy shall be required. The policy will be issued on a standard ISO form CG.00 3.5 12 04.and include the following: ■ Endorsed to include the Pollution Exclusion Amendment. ■ Endorsed to include the Limited Seepage and Pollution Endorsement: • Endorsed to remove any exclusion for punitive damages. ■ Endorsed to include Evacuation Expense Coverage Endorsement. ■ No other endorsements restricting coverage may be added. ■ The original policy must be provided to Licensor and Licensee .shall not perform any work or services of any kind under this .agreement until Licensor has reviewed and approved the policy. ■ The definMon .of "Physical Damage to Property" will be endorsed to read: "means direct. and accidental loss of or damage to ail. property owned by any named. insured and all property in any named insured's care, custody and control (including, but not limited to rolling stock and their contents; mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, .catenaries, signals., tunnels; bridges and buildings) arising out of the acts or omissions of the contractor named on. the Declarations." In lieu of providing a Railroad Protective Liability Policy, fora period of one (1) year from the Effective Date; Licensee may participate in Licensor's Blanket. Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of'coverage are the same as above. The cost is $1,266.00. ❑ Licensee may elect taparticipate in Licensor's Blanket Policy; o Licensee declines to participate in Licensor's Blanket Policy. 15.5 Intentionally Deleted. 15.6 OtherReguirements: 15.6.1 Where allowable by. law, no exclusion for punitive damages may be included in any policy. 1.5,6.2. Licensee agrees towaive'its rightof recovery against Licensor for all claims and suits against Licensor per the ind.emnifcation provisions of. this License. In addition, Licensee's insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Licensor for all claims and suits. Licensee furtherwalves its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of Licensee's.. owned or leased. property or property under Licensee's care, custody, or control. 15.6.3 Allocated Loss Expense, inciuding.b.ut not limited to defense costs and expenses, will be in addition.to all poHcy.limits for coverage under the insurance raquiremerits. 15.6:4 Licensee is. not allowed. to self -insure without the prior written consent of Licensor. If Licensor allowsLicensee to self -insure, Licensee shall directly cover any self insured retention or other financial responsibility for claims in lieu of insurance. Any and all Licensor liabilities that would otherwise be covered by Licensee's insurance in accordance with the provisions of this agreement; will be covered as if Licensee. Form 424: Rev. 20190016