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11 <br />~r-so <br />operations or uses of Company's property pursuant to this Agreement. In addition, Licensee shall obtain <br />any necessary permits to install the Facilities. Licensee agrees to indemnify and hold harmless Company <br />from and against any and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), <br />losses or lawsuits brought by any person, company or governmental entity relating to contamination of <br />any properly, water, air or groundwater due to the use or presence of the Facilities. It is agreed that this <br />indemnity provision extends to any cleanup costs related to Licensee's activities upon Company's property <br />and to any costs related to cleanup of the Facilities or to other property caused by the use of the Facilities. <br />The indemnity contained herein is intended to survive the termination of this Agreement. <br />4. No work of any character shall be started on the property until Certificates of <br />Insurance, specifying that the policies have been furnished and accepted by Company as evidence that <br />Licensee, Contractor, and Subcontractor maintain the following insurance coverages: <br />(a) Comprehensive General Liability Insurance having a combined single limit of not less than <br />$2,000,040 per occurrence for all loss, damage, cost and expense, including attorney's fees, arising out of <br />bodily injury, liability and property damage liability during the policy period. Such policy shall be <br />endorsed to name Company as an additional insured and shall include a severability of interests provision: <br />In addition, Licensee's policy shall be endorsed to reflect Contractual Liability Insurance specifically <br />relating to the indemnity provisions of this agreement. Any exclusion for construction or demolition <br />activities (including installing wells or bore holes, but not for work done by means of a hand augur) <br />conducted within 50 feet of railroad tracks shall be deleted from Licensee's policy. <br />(b) Tn the event Licensee cannot obtain contractual liability insurance to cover the obligations <br />assumed under this Pipeline Agreement, Licensee or its contractor shall procure and furnish to Company <br />a Railroad Protective Liability Insurance Policy having a combined single limit of $2,000,000 per <br />occurrence and $6,000,000 aggregate. Said policy sha[1 name Company as the named insured. <br />{c) Workers' Compensation Insurance in satisfaction of statutory requirements of the state where <br />the property covered by this agreement is located. Also, Employers' Liability Insurance having limits of <br />not less than $500,000 each accident, $500,000 per disease -policy limit; and $500,000 per disease -each <br />employee. <br />(d) Automobile Liability Insurance having a combined single limit of not less than $500,000 per <br />occurrence. Said policy shall name Company as an additional insured and shall include a severability of <br />interests provision. <br />(e) The insurance required herein shall be of such form and content as may be acceptable to <br />Company. Evidence of such insurance (a certificate of insurance for the general liability insurance policy <br />and the original policy of Railroad Protective Liability Insurance) must be furnished to Company at <br />Property Aepartrnent, North Carolina Railroad Company, 2809 Highwoods Blvd, Suite 100, Raleigh, NC <br />27604-1000 (or such other current address provided to Licensee) and approved by Company prior to <br />Licensee's entry on the Premises. The insurance required herein shall not limit the liability assumed by <br />Licensee under this Agreement or consent. <br />5. The details of the Facilities to be installed and maintained shall be at the option <br />of Licensee, and subj ect to the approval of Company. In case of failure of Licensee to do the work as <br />herein specified, Company reserves the right to remove the Facilities from Company's premises at the <br />expense of Licensee, and to terminate this Agreement upon ten (10) days' written notice. <br />6. If Company shall make any change or addition on its right of way at or near the <br />Facilities of Licensee affecting the character, height or alignment of any of Company's power lines, <br />communication, signal or other wires or electrical apparatus, or shall place structures or additional wires <br />050903B <br />