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HARMLESS RAILROAD COMPANY, ITS PARENT, AFFILIATES, AND THEIR
<br /> DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND TO ASSUME ALL LIABILITY
<br /> FOR DEATH OR INJURY TO ANY PERSONS, INCLUDING, BUT NOT LIMITED TO,
<br /> OFFICERS, EMPLOYEES, AGENTS, PATRONS AND LICENSEES OF THE PARTIES
<br /> HERETO, AND FOR ALL LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING,
<br /> BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES HERETO, TOGETHER
<br /> WITH ALL EXPENSES, ATTORNEYS' FEES AND COSTS INCURRED OR SUSTAINED BY
<br /> RAILROAD COMPANY, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS,
<br /> ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE
<br /> INDEMNIFICATION RIGHTS HEREBY CONFERRED, IN ANY MANNER OR DEGREE
<br /> CAUSED BY, ATTRIBUTABLE TO OR RESULTING FROM THE EXERCISE OF THE
<br /> RIGHTS HEREIN GRANTED, OR THE FAILURE OF THE LICENSEE TO CONFORM TO
<br /> CONDITIONS OF THIS LICENSE, WORK PERFORMED BY THE RAILROAD COMPANY
<br /> FOR THE LICENSEE UNDER THE TERMS OF THIS LICENSE OR THE CONSTRUCTION,
<br /> MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION,
<br /> EXISTENCE, PRESENCE, USE, OPERATION OR REMOVAL OF ANY STRUCTURE
<br /> INCIDENT THERETO, OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE
<br /> ORIGINATING ON THE AREA COVERED BY THIS AGREEMENT, REGARDLESS OF ANY
<br /> NEGLIGENCE OF RAILROAD COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS.
<br /> SAID LICENSEE AGREES ALSO TO RELEASE, INDEMNIFY AND SAVE HARMLESS
<br /> RAILROAD COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ALL
<br /> LIABILITY TO LICENSEE, ITS OFFICERS, EMPLOYEES, AGENTS OR PATRONS,
<br /> RESULTING FROM RAILROAD OPERATIONS AT OR DEAR THE AREA IN WHICH THE
<br /> LICENSE IS TO BE EXERCISED, WHETHER OR NOT THE DEATH, INJURY OR DAMAGE
<br /> RESULTING THEREFROM MAY BE DUE TO WHOLE OR IN PART TO THE NEGLIGENCE
<br /> OF THE RAILROAD COMPANY, ITS OFFICERS, EMPLOYEES OR AGENTS. AT THE
<br /> ELECTION OF RAILROAD COMPANY, THE LICENSEE, UPON NOTICE TO THAT
<br /> EFFECT SHALL ASSUME OR JOIN IN THE DEFENSE OF ANY CLAIM BASED UPON
<br /> ALLEGATIONS PURPORTING TO BRING SAID CLAIM WITHIN THE COVERAGE OF
<br /> THIS SECTION.
<br /> Before commencing work and until this Agreement shall be terminated, the LICENSEE
<br /> shall provide and maintain the following insurance in form and amount with companies
<br /> 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 combined
<br /> single limit.
<br /> c. Comprehensive General Liability (occurrence form) in an amount not less than
<br /> $5,000,000 dollars per occurrence, with an aggregate limit of not less than
<br /> $10,000,000 dollars. The Policy must name the appropriate RAILROAD
<br /> and its Parents as additional insureds in the following form:
<br /> RAILROAD name and its Parents
<br /> Attn: Rob Glass
<br /> 17641 South Ashland Avenue
<br /> Homewood, IL 60430
<br /> 708.332.6673 (office)
<br /> Rob.GlaSSCcDCn.ca
<br /> Illinois Central Railroad Company- Original
<br />
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