R2012-186 AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY AGREEMENT

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The Policy must not contain any exclusions related to: 1. Doing business or undertaking construction or demolition on, near, or adjacent to railroad facilities. 2. Loss or damage resulting from surface, subsurface pollution contamination or seepage, or handling, treatment, disposal, or dumping of waste materials or substances. Before commencing work, the LICENSEE shall deliver to the RAILROAD a CERTIFICATE OF INSURANCE evidencing the foregoing coverage and upon request the LICENSEE shall deliver a certified, true and complete copy of the policy or policies. The policies shall provide for not less that ten (10) days prior written notice to the RAILROAD of cancellation of or any material change in, the policies; and shall contain the waiver of right of subrogation. It is understood and agreed that the foregoing insurance coverage is not intended to, and shall not, relieve the LICENSEE from or serve to limit LICENSEE's liability under the indemnity provisions of any applicable agreement. It is further understood and agreed that, so long as the Agreement shall remain in force or the FACILITY shall have been removed (whichever shall be later), the RAILROAD shall have the right, from time to time, to revise the amount or form of insurance coverage provided as circumstances or changing economic conditions may require. The RAILROAD shall give the LICENSEE written notice of any such requested change at least thirty (30) days prior to the date of expiration of the then existing policy or policies; and the LICENSEE agrees to, and shall, thereupon provide the RAILROAD with such revised policy or policies thereof. If a contractor is to be employed by the Licensee for the installation of the FACILITY, then, before commencing work, the contractor shall provide and maintain the following insurance, in form and amount and with companies satisfactory to, and as approved by, the RAILROAD. a. Statutory Workers' Compensation and Employer's Liability insurance. b. Automobile Liability in an amount not less than $1,000,000 dollars combined single limit. c. An Occurrence Form Railroad Protective Policy with limits of not less that $5,000,000 dollars per occurrence, with $10,000,000 dollars aggregate, for the term of the policy with respect of Bodily Injury, Liability, Property Damage Liability and Physical Damage to Property. The Policy must name the appropriate RAILROAD and its Parents Insured in the following form: RAILROAD name and its Parents Attn: Rob Glass 17641 South Ashland Avenue Homewood, IL 60430 708.332.6673 (office) Rob.Glass aC ,cn.ca Illinois Central Railroad Company- Original