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Docusign Envelope ID:D1EB2A29-9840-4829-9504-B23D64FD7152
<br /> Form 11347-P () (007628)
<br /> INDEMNIFICATION AND RIGHT OF ENTRY AGREEMENT
<br /> (a) Principal shall pay Railway a Risk Financing Fee in the amount of$1,900 in conjunction
<br /> with the Right of Entry. Principal may submit inquiries about RPL issues at
<br /> ns.permitting(c)railpros.com. At the Principal's option, rather than pay a Risk Financing fee,
<br /> Principal shall purchase a commercial Railroad Protective Liability (RPL) insurance policy for
<br /> Railway as described in Option A, below. In the event that the value of the Designated Activities
<br /> exceeds$350,000, Principal shall be required to use Option A, below;
<br /> Option A. In lieu of paying the Risk Financing Fee, Principal shall purchase a commercial
<br /> RPL policy with Limits of$2,000,000 per occurrence and $6,000,000 in the aggregate. In
<br /> the event that the Designated Activities value exceeds $350,000 a commercial RPL shall
<br /> be purchased with limits of$5,000,000 per occurrence and $10,000,000 in the aggregate.
<br /> The RPL policy shall conform to CG 00 35 04 13 or equivalent and include coverage for
<br /> Terrorism and the Physical Damage to Property Endorsement and shall name Norfolk
<br /> Southern Corporation, affiliates and subsidiaries as the insured. The job location, name
<br /> of Principal and description must appear on the declaration pages. Prior to any activity
<br /> beginning under this Agreement, an electronic copy of the RPL policy, not simply the
<br /> binder, shall be submitted to ns.permitting(a)railpros.com.
<br /> (b) Principal shall obtain a Commercial General Liability ("CGL") policy containing products
<br /> and completed operations and contractual liability coverage,with a combined single limit of not less
<br /> than $2,000,000 for each occurrence. Any portion of this requirement may be satisfied by a
<br /> combination of General Liability and/or Excess/Umbrella Liability Coverage. The policy shall not
<br /> deny any obligation of any insured under the Federal Employer's Liability Act, as amended. The
<br /> CGL policy shall provide additional insured coverage equivalent to ISO CG 20 10 11/85.
<br /> (c) Principal shall obtain Automobile Liability Insurance with a current ISO occurrence form
<br /> policy (or equivalent) and apply on an "any auto" (Symbol 1) basis, including coverage for all
<br /> vehicles used in connection with the Designated Activities , providing annual limits of at least
<br /> $1,000,000 per occurrence for bodily injury and property damage combined including uninsured
<br /> and underinsured motorist coverage, medical payment protection, and loading and unloading.
<br /> (d) Principal shall obtain Workers' Compensation Insurance to meet fully the
<br /> requirement of any compensation act, plan or legislative enactment applicable in connection with
<br /> the death, disability or injury of Licensee's officers, agents, servants or employees arising directly
<br /> or indirectly out of the performance of this Agreement;
<br /> (e) Principal shall obtain Employers' Liability Insurance with limits of not less than $1,000,000
<br /> each accident$1,000,000 policy limit for disease, and $1,000,000 each employee for disease;
<br /> (f) General Insurance Requirements. Each insurance policy referred to in section 7 above
<br /> shall also comply with the following requirements:
<br /> (i) Additional Insureds.All insurance required(excluding any RPL policy and Workers'
<br /> Compensation policy) shall name Railway and its parent, subsidiary and affiliated
<br /> companies as additional insureds with an appropriate endorsement to each policy.
<br /> (ii) Principal's Coverage Primary and Without Right to Contribution. All policies
<br /> secured by Principal, whether primary, excess, umbrella or otherwise, and
<br /> providing coverage to the Railway as an additional insured (i)are intended to take
<br /> priority in responding and to pay before any insurance policies Railway may have
<br /> secured for itself must respond or pay and (ii) may not seek contribution from any
<br /> policies the Railway may have secured for itself.
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