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.. � PS- FORM 1001-G
<br /> REVISED APRIL 29,2008
<br /> AGREEMENT NO.CSX654431
<br /> Protective Liability(RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
<br /> written on the current ISO/RIMA Form (ISO Form No. CG 00 35 O1 96) with limits of FIVE
<br /> MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00)per occurrence for bodily injury and
<br /> property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
<br /> aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
<br /> 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
<br /> and approved by Licensor prior to commencement of such construction or demolition. Licensor
<br /> reserves the right to demand higher limits.
<br /> (B) At Licensor's option, in lieu of purchasing RPL insurance froin an insurance
<br /> company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
<br /> of request, the cost of adding this Encroachment, or additional construction and/or demolition
<br /> activities, to Licensor's Railroad Protective Liability(RPL) Policy for the period of actual
<br /> construction. This coverage is offered at Licensor's discretion and may not be available under all
<br /> circumstances.
<br /> 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee,pursuant
<br /> to State Statute(s),may self-insure or self-assume, in any amount(s), any contracted liability
<br /> arising under this Agreement,under a funded program of self-insurance, which fund will respond
<br /> to liability of Licensee imposed by and in accordance with the procedures established by law.
<br /> 11. GRADE CROSSINGS; FLAGGING:
<br /> 11.1 Nothing herein contained shall be construed to pernut Licensee or Licensee's
<br /> contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
<br /> without separate prior written approval of Licensor(CSXT Form 7422).
<br /> 11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
<br /> renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
<br /> or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
<br /> Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
<br /> shall have the right to do so at the expense of Licensee,but Licensor shall not be liable for failure
<br /> to do so.
<br /> 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
<br /> labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
<br /> times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
<br /> expense; and in such event, Licensor shall not be liable for the failure or neglect of such
<br /> watchmen, flagmen, inspectors or supervisors.
<br /> �2. LICENSOR'� COS�S:
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