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not less than a combined single limit of$5,000,000 each occurrence and$10,000,000 in the
<br /> aggregate applying separately to each annual period.
<br /> (b) All insurance required under the preceding subsection(a)shall be underwritten by insurers
<br /> and be of such form and content, as may be acceptable to RAILWAY. Prior to the commencement of
<br /> installation or maintenance of the Facilities or any entry on RAILWAY's property,LICENSEE shall furnish
<br /> to RAILWAY's Director Risk Management, Three Commercial Place, Norfolk, Virginia 23510-2191 (or
<br /> such other representative and/or address as subsequently given by RAILWAY to LICENSEE in writing),for
<br /> approval, the original policy described in subsection (a)(ii) and a certificate of insurance evidencing the
<br /> existence of a policy with the coverage described in subsection(a)(i).
<br /> 7. Railway Support. RAILWAY shall, at RAILWAY's option, furnish, at the sole expense of
<br /> LICENSEE,labor and materials necessary,in RAILWAY's sole judgment,to support its tracks and to protect its traffic
<br /> (including, without limitation, flagging) during the installation, maintenance, repair, renewal or removal of the
<br /> Facilities.
<br /> 8. Special Provisions for Protection of Railway Interests. In connection with the operation and
<br /> maintenance of the Facilities, it is agreed that the safety of people and the safety and continuity of RAILWAY's rail
<br /> operations shall be of first importance. LICENSEE shall require its employees, agents,contractors, and invitees to
<br /> utilize and comply with RAILWAY's directives in this regard and shall require its contractor(s), if any, to comply
<br /> with all NSR Special Provisions, attached hereto, and herein incorporated by reference, including any future
<br /> amendments,as Exhibit C. As used in the NSR Special Provisions,LICENSEE is the"contractor"should LICENSEE
<br /> enter onto the Premises to perform any work contemplated by this Agreement. To ensure such compliance,
<br /> LICENSEE shall assign a project manager to function as a single point-of-contact for LICENSEE. Said project
<br /> manager is referred to as the"Sponsor's Engineer"in Exhibit C.
<br /> 9. Safety of Railway Operations. If RAILWAY becomes aware of any safety violations committed by
<br /> LICENSEE, its employees, agents and/or contractors, RAILWAY shall so notify LICENSEE, and LICENSEE shall
<br /> promptly correct such violation. In the event of an emergency threatening immediate danger to persons or property,
<br /> RAILWAY may take corrective actions and shall notify LICENSEE promptly thereafter. LICENSEE shall reimburse
<br /> RAILWAY for actual costs incurred in taking such emergency measures. RAILWAY assumes no additional
<br /> responsibility for safety on the Premises for LICENSEE, its agents/or contractors by taking these corrective actions,
<br /> and LICENSEE, its agents/contractors shall retain full responsibility for such safety violations.
<br /> 10. Corrective Measures. If LICENSEE fails to take any corrective measures requested by RAILWAY
<br /> in a timely manner, or if an emergency situation is presented which, in RAILWAY's judgment, requires immediate
<br /> repairs to the Facilities,RAILWAY,at LICENSEE's expense,may undertake such corrective measures or repairs as
<br /> it deems necessary or desirable.
<br /> 11. Railway Changes.If RAILWAY shall make any changes,alterations or additions to the line,grade,
<br /> tracks,structures,roadbed,installations,right-of-way or works of RAILWAY,or to the character,height or alignment
<br /> of the Electronic Systems,at or near the Facilities,LICENSEE shall,upon one hundred eighty(180)days prior written
<br /> notice from RAILWAY and at its sole expense,make such changes in the location and character of the Facilities as,
<br /> in the opinion of the chief engineering officer of RAILWAY,shall be necessary or appropriate to accommodate any
<br /> construction,improvements,alterations,changes or additions of RAILWAY.
<br /> 12. Assumption of Risk. Unless caused solely by the negligence of RAILWAY or caused solely by the
<br /> willful misconduct of RAILWAY,LICENSEE hereby assumes all risk of damage to the Facilities and LICENSEE's
<br /> other property relating to its use and occupation of the Premises or business carried on the Premises and any defects
<br /> to the Premises; and LICENSEE hereby declares and states that RAILWAY, its officers, directors, agents and
<br /> employees shall not be responsible for any liability for such damage.
<br /> 13. Liens;Taxes. LICENSEE will not permit any mechanic's liens or other liens to be placed upon the
<br /> Premises, and nothing in this Agreement shall be construed as constituting the consent or request of RAILWAY,
<br /> express or implied,to any person for the performance of any labor or the furnishing of any materials to the Premises,
<br /> nor as giving LICENSEE any right, power or authority to contract for or permit the rendering of any services or the
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