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Agenda - 01-20-2000 - 8r
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Agenda - 01-20-2000 - 8r
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4/16/2010 2:35:06 PM
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BOCC
Date
1/20/2000
Meeting Type
Special Meeting
Document Type
Agenda
Agenda Item
8r
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Minutes - 01-20-2000
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\Board of County Commissioners\Minutes - Approved\2000's\2000
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extends to any cleanup costs related to Licensee's activities upon Railway's property and to any-costs related <br />to cleanup of the Facilities or to other property caused by the use of the Facilities. <br />4. (a) Without limiting in any mannerthe liability and obligations assumed by Licensee under <br />any other provision ofthis Agreement, and as additional protection to Railway, Licensee shall, at its expense, <br />pay the Risk Financing Fee set forth in subparagraph (iii) below and shall procure and maintain with insurance <br />companies satisfactory to Railway, the insurance policies described in subparagraphs (i) and (ii). <br />(i) Prior to commencement of installation or maintenance of the Facilities or <br />entry on Railway's property, Licensee, and its contractor if it employs one, <br />shall procure and maintain for the course of said installation and <br />maintenance, a general liability insurance policy naming Railway as an <br />additional insured, and containing products and completed operations and <br />contractual liability coverage, with a combined single limit of not less than <br />$1,000,000 for each occurrence. <br />(ii) Priorto commencement ofany subsequent maintenance ofthe Facility during <br />the term ofthis Agreement, Licensee, or its contractor ifit employs one, shall <br />furnish Railway with an original Railroad Protective Liability Insurance <br />Policy naming Railway as the named insured and having a limit of not less <br />than a combined single limit of $2,000,000 each occurrence and $6,000,000 <br />aggregate. <br />(iii) Upon execution of this Agreement, Licensee shall pay Railway a Risk <br />Financing Fee of $450.00 per installation to provide for such supplemental <br />insurance (which may be self-insurance) as Railway, in its sole discretion, <br />deems to be necessary or appropriate. <br />(b) All insurance required under preceding subsection (a) shall be underwritten by insurers <br />and be of such form and content as may be acceptable to Railway. Prior to commencement of installation or <br />maintenance ofthe Facilities or any entry on Railway's property, Licensee, or its contractor if it employs one, <br />shall: <br />furnish to Railway's Risk Manager, Three Commercial Place, Norfolk, Virginia <br />23510-2191 (or such other representative and/or address as subsequently given by <br />Railway to Licensee in writing), for approval, the original policy described in <br />subsection (axii) and a certificate of insurance evidencing the existence of a policy <br />with the coverage described in subsection (axi). <br />5. The details of the Facilities to be installed and maintained shall be at the option of Licensee, <br />and subject to the approval of the chief engineering officer of Railway. In case of failure of Licensee to do the <br />work as herein specified, Railway reserves the right to remove the Facilities from Railway's premises at the <br />expense of Licensee, and to terminate this Agreement upon ten (10) days' written notice. <br />-2- <br />
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