Agenda - 03-03-2011 - 4h - Laserfiche WebLink

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9 r~r-ao 7. Company and NSR agree that, by entering into this Consent, (i}NSR is not making any admission regarding any matter between NSR and Company; {ii) Company is not making any admission regarding any matter between NSR and Company; {iii} NSR is not waiving any claim or defense against Company or any affiliate of Company; (iv) Company is not waiving any claim or defense against NSR; (v) NSR does not waive or prejudice any position, claim or defense with regard to any legal or administrative proceedings in which Company or its affiliates and NSR are currently involved or may become involved, including but aot limited to any claim or defense with respect to any leasehold rights, environmental obligation or liability, possessory rights, or holdover or non-holdover status of Company; and (vi) Company does not waive or prejudice any position, claim or defense with regard to any legal or administrative proceedings in which Company or its affiliates and NSR are currently involved or may be involved, including but not limited to any claim or defense with respect to any leasehold rights, environmental obligation or liability, possessory rights, or holdover or non-holdover status of Company. 8. Licensee acknowledges that NSR has not made any inspection of the Premises and that the Premises are located at or near active or inactive railroad facilities, structures, or related property. 9. No work of any character shall be started on the property until Certificates of Insurance, specifying that the policies have been furnished and accepted by NSR as evidence that Licensee, Contractor, and Subcontractor maintain the following insurance coverages: (a) Comprehensive General Liability Insurance having a combined single limit of not Less than $2,000,000 per occurrence for all loss, damage, cost and expense, including attorney's fees, arising out of bodily injury, liability and property damage liability during the policy period. Such policy shall be endorsed to name NSR as an additional insured and shall include a severability of interests provision. In addition, Licensee's policy shall be endorsed to reflect Contractual Liability Insurance specifically relating to the indemnity provisions of this agreement. Any exclusion for construction or demolition activities (includuig installing wells or bore holes, but not for work done by means of a hand augur) conducted within 50 feet of railroad tracks shall be deleted from Licensee's policy. (b) In the event Licensee cannot obtain contractual liability insurance to cover the obligations assumed under this Pipeline Agreement, Licensee or its contractor shall procure and furnish to NSR a Railroad Protective Liability Insurance Policy having a combined single limit of $2,000,000 per occurrence and $6,000,000 aggregate. Said policy shall name NSR as the named insured. (c) Workers' Compensation Insurance in satisfaction of statutory requirements of the state where the properly covered by this agreement is located. Also, Employers' Liability Insurance having €imits of not less than $500,000 each accident, $500,000 per disease -policy limit, and $500,000 per disease -each employee. (d) Automobile Liability Insurance having a combined single limit of not less than $500,000 per occurrence. Said policy shall name NSR as an additional insured and shall include a severability of interests provision_ (e) The insurance required herein shall be of such form and content as maybe acceptable to NSR. Evidence of such insurance (a certificate of insurance for the general liability insurance policy and the original policy of Railroad Protective Liability Insurance} must be furnished to NSR at NSR Risk Manager, Three Commercial Place, Norfolk, VA 23510 {or such other current address provided to Licensee) and approved by NSR prior to Licensee's entry on the Premises. The insurance required herein shall not limit the liability assumed by Licensee under this Consent or the Agreemen#. 2 2 t2446.w.mod 02042003