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<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 property, 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 />$2,000,000 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 s0 feet of railroad tracks shall be deleted from Licensee's policy.
<br />(b) In 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 shall 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, $s00,000 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 shalt be of such form and content as maybe acceptable to
<br />Company. Evidence of such insurance (a certificate of insurance for the general liability insurance policy
<br />and the original policy of Railxoad Protective Liability Insurance} must be furnished to Company at
<br />Property Department, 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 subject 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 />b. 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 />or electrical apparatus upon its said right of way, or shall make on its said right of way any change to any
<br />line, grade, track, roadbed, installations, works or structures or in the use of any such line, grade, track,
<br />roadbed, installations, works or structure, which would be affected by the Facilities of Licensee ar by the
<br />use thereof, Licensee shall within thirty {30) days of written notice from the Company to Licensee, at
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