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<br /> insurance (which may be self-insurance) as Railway, in its sole discretion, deems
<br /> to be necessary or appropriate.
<br /> (ii) Prior to the installation of the Facilities, or any subsequent entry by '!
<br /> Licensee upon the Premises or other Railway property, Licensee, and each of its
<br /> contractors, shall at its sole expense procure and maintain far the course of any
<br /> such installation or entry, a Commercial General Liability Insurance policy
<br /> having a combined single limit of not less than $1,000,000 for each occurrence, '�
<br /> naming Railway as an additional insured and containing products and completed
<br /> operations and contractual liability coverage;
<br /> (iii) Prior to any entry upon the Premises or other Railway property
<br /> occurring after installation of the Facilities, unless Railway elects to make
<br /> available and Licensee pays the then current risk financing fee for each affected
<br /> installation, Licensee, or its contractor, shall at its sole expense procure and
<br /> maintain during such entry a policy of Railroad Protective Liability Insurance
<br /> naming Norfolk Southern Railway Company as a named insured and having
<br /> combined single limits of not less than $2,000,000 for each occurrence and
<br /> $6,000,000 in the aggregate. Such policy shall be written using Insurance
<br /> Services Offices Form Numbers CG 00 35 Ol 07 98 and Pollution Exclusion
<br /> Amendment Form CG 28 31 07 98.
<br /> (b) All insurance required under the preceding subsection (a) shall be
<br /> underwritten by insurers, and be of such form and content, as may be acceptable to Railway.
<br /> Evidence of such insurance (a certificate of insurance for the Commercial General Liability
<br /> Insurance policy and an original Railroad Protective Liability Insurance policy for subsequent
<br /> entry when Railway does not make available a risk financing fee therefor) shall be furnished to
<br /> Railway's Director Risk Management, Three Commercial Place, Norfolk, Virginia 23510-2191
<br /> for review and approval.
<br /> 12. Environmental Matters. Licensee assumes all responsibility for any
<br /> environmental obligations imposed under applicable laws, regulations, ordinances or other
<br /> requirements of federal, state and local governmental authorities relating to (a) the installation,
<br /> construction, maintenance, operation or removal of the Facilities, including notification and
<br /> reporting of any releases, and (b) any contamination of any property, water, air or groundwater
<br /> arising or resulting, in whole or in part, from Licensee's operation or use of the Premises
<br /> pursuant to this Agreement. In addition, Licensee shall obtain any necessary permits to install,
<br /> construct, maintain, operate or remove the Facilities. Licensee agrees to indemnify and hold
<br /> harmless Railway from and against any_and all fines, penalties, demands or other Losses
<br /> (including attorneys' fees) incurred by Railway or claimed by any person, company or
<br /> governmental entity relating to (a) any contamination of any property, water, air or groundwater
<br /> due to the use or presence of the Facilities on the Premises, (b) Licensee's violation of any laws,
<br /> regulations or other requirements of federal, state or local governmental authorities in connection
<br /> with the use or presence of the Facilities on the Premises or (c) any violation of Licensee's
<br /> obligations imposed under this paragraph. Without limitation, this indemnity provision shall
<br /> extend to any cleanup and investigative costs relating to any contamination of the Premises
<br /> 4
<br /> �
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