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File: P-12629 <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 insureds in the following <br /> form: <br /> Illinois Central Railroad Company, and its Parent Corporation, <br /> Canadian National Railway Company <br /> 17641 South Ashland Avenue <br /> Homewood, IL 60430 <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. <br /> B. Automobile Liability in an amount not less than $1,000,000 dollars <br /> combined single limit. <br /> 4 <br />