R2010-121 AUTHORIZING THE EXECUTION OF AN AGREEMENT

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, • PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX654431 notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 Notwithstanding anything contained in this Agreement, the limitation of liability contained in the state statutes, as amended from time to time, shall not limit Licensor's ability to collect under the insurance policies required to be maintained under this Agreement. 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of Commercial General Liability Insurance CGL ,naming Licensor, and/or its designee, as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty(30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation,Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code C907 at the address listed above. 10.2 If Licensee's existing CGL policy(ies) do(es)not automatically cover Licensee's contractual liability during periods of survey, installation,maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor, or its designee,may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement,but shall be security therefor. 10.5 (A) In the event Licensee finds it necessary to perform construction or deniolition operations withir�fifty feet �50'} af any operated railroad track(s) or affecting any- railroad bridge, trestle, tunnel, track(s),roadbed, overpass ar underpass, Licensee shall: (a)notify Licensor; and(b)require its contractor(s)performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Page 7 of 15 �s