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renewal,alteration, change, relocation, existence,presence,use, operation, or
<br /> removal of any structure incident thereto,or from any activity conducted on or
<br /> occurrence originating on the area covered by the license regardless of the
<br /> negligence of Railroad, its officers, employees and agents. Licensee further
<br /> agrees to release and indemnify and save harmless Railroad, its officers,
<br /> employees, agents,patrons or invitees from all liability to Licensee,its officers,
<br /> employees,agents or patrons,resulting from railroad operations at or near the area
<br /> in which the license is to be granted whether or not the death, injury or damage
<br /> resulting therefrom may be due to the negligence of the Railroad, its officers,
<br /> employees or agents or otherwise. At the election of Railroad,the Licensee,upon
<br /> receipt of notice to that effect, shall assume or join in the defense of any claim
<br /> based upon allegations purporting to bring said claim within the coverage of this
<br /> section.
<br /> 12. Licensee shall secure, and maintain in place so long as this agreement is in effect,
<br /> Commercial General Liability Insurance(Occurrence Form)in an amount not less
<br /> than$5,000,000 per occurrence,with an aggregate of not less than$10,000,000
<br /> per annual period. The policy must name Railroad and its parent company,
<br /> Canadian National Railway Company, as additional insured's in the following
<br /> form:
<br /> Illinois Central Railroad Company, and its Parent Corporation,
<br /> Canadian National Railway Company
<br /> 17641 S Ashland Ave
<br /> Homewood, 1160430
<br /> The policy must not contain any provisions excluding coverage for injury, loss or
<br /> damage arising out of or resulting from(a)doing business on,near,or adjacent to
<br /> railroad track or facilities, or(b) surface or subsurface pollution, contamination or
<br /> seepage, or from handling,treatment, disposal or dumping of waste materials or
<br /> substances. Before commencing work,Licensee shall deliver to Railroad a
<br /> certificate of insurance evidencing the foregoing coverage's and true and
<br /> complete copies of the policies described above. Each policy shall include a
<br /> waiver by the insurer of any right of subrogation against any recovery by or on
<br /> behalf of any insured. Each policy shall provide for not less than thirty days prior
<br /> written notice to Railroad of cancellation of or any material change in that policy.
<br /> 13. If a contractor is to be employed by the Licensee for the installation of Facilities
<br /> pursuant to this License,then, Before commencing work, the contractor shall
<br /> provide and maintain the following insurance, in form and amount and with
<br /> companies satisfactory to, and as approved by,the RAILROAD.
<br /> A. Statutory Workers' Compensation and Employer's Liability insurance.
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