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15.4 Railroad Protective Liability Insurance, The.. policy will name only Licensor as the Insured <br />And will provide coverage of at. least $5,000,000. per occurrence and $10,000,000 inthe <br />aggregate. The coverage obtained under this policy shall only be. effective during the initial <br />installation and/or construction of the Pipeline, TIME CONSTRUCTION OF THE PIPELINE <br />SMALL BE COMPLETED WITHIN ONE (.1) YEAR OF THE EFFECTIVE DATE. If further <br />maintenance of the Pipeline is needed at a .later date, an additipnal Railroad Protective <br />Liability. Insurance Policy shall be required, The policy will be issued on a standard ISO <br />form: CG 00 35 12 04.and include the following: <br />■ Endorsed to include the Pollution Exclusion Amendment. <br />• Endorsed to include the Limited Seepage and Pollution Endorsement. <br />■ Endorsed to remove any exclusion for punitive damages.. <br />Endorsed to ind ude. Evacuation Expense Coverage Endorsement, <br />• No other endorsements. restricting coverage may be added. <br />• The original policy must be.provided .to Licensor and Licensee shall not perform any <br />work or services of any kind under this agreement until Licensor has reviewed and <br />.approved the policy. <br />The definition of "Physical Damage to. Property" will be endorsed to read: "means direct <br />and accidental loss of or damage -to all:property. owned by any named insured and. all <br />property in any named insured's care, custody and. control (including, but not: limited to <br />rolling stock and their contents; mechanical construction equipment or motive power <br />equipment, railroad tracks, roadbeds; catenaries, signals, tunnels, bridges acid <br />buildings) arising out of the acts .or omissions of the contractor named on the <br />Declarations." <br />In lieu of providing a Railroad Protective Liability Policy, for a. periodof one (1) year from <br />the Effective . Date,. Licensee may participate in Licensors: Blanket Railroad. Protective <br />Liability Insurance Policy availableto Licensee or its contractor. The limits of coverage are <br />the same as above. The cost is $1,266.00. <br />a Licensee may elect toparticipate in Licensor's Blanket. Policy; <br />Q Licensee declines to participate is Licensor's Blanket Policy. <br />1515 Intentionali .Deleted. <br />15.6 Other Requirements; <br />15.6.1 Where allowable by law, no exclusion for punitive damages may be included in <br />any policy. <br />15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and <br />suits against .Licensor per the indemnification provisions of this License. In <br />addition, Licensee's insurers, through the terms of the . policy or policy <br />endorsement; waive their right of subrogation against Licensor for all. claims and <br />suits. Licensee further waives its right of recovery, andits insurers also waive their <br />right of subrogation against Licensor for loss of Licensee's owned or leased <br />property or property under Licensee's care, custody, or control. <br />15.6.3 Allocated Loss Expense, including but not. limitedto defense costs and expenses, <br />will be in addition to all policy limits for coverage under the insurance requirements. <br />15.6A Licensee is not -allowed to self -insure without the prior written consent of Licensor. <br />If Licensor allows Licensee to .selNnsure, Licensee shall directly cover any self - <br />insured retention or other financia.l responsibility.forclaims in lieu of insurance. Any <br />and all Licensor liabilities that would.otherwise be covered by Licensee's insurance. <br />in accordance with the.provisions of this agreement, will be covered as if Licensee. <br />Form 424;'Rev. 20190916 <br />