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25 <br />~-~o <br />Company and NSR agree that, by entering into this Consent, (i) NSR is not mailing any <br />admission regarding airy mutter between NSR and Company; (ii) Company is not making any <br />admission regarding any matter between NSR and Company; (iii} NSR is not waiving any claim <br />or defense against Company or any affiliate of Company; (iv} Company is not waiving any claim <br />or defense against NSR; (v) NSR does not waive or prejudice any position, claim or defense with <br />regard to any legal or administrative proceedings in which Company or its affiliates and NSR are <br />currenfly involved or may become involved, including but not limited to any claim or defense <br />with respect to any leasehold rights, environmental obligation or liability, possessory rights, or <br />holdover ornon-holdover status of Company; and (vi) Company does not waive or prejudice any <br />position, claim or defense with regard to any legal or administrative proceedings in which <br />Company or its affiliates and NSR are currently involved or maybe involved, including but not <br />limited. to any claim ar defense with respect to any leasehold rights, environmental obligation or <br />liability, possessory rights, or holdover ornon-holdover status of Company. <br />8. Licensee acknowledges that NSR has not made any inspection of the Premises and that the <br />Premises are located at or near active or inactive railroad facilities, structures; or related property. <br />9. No work of any character shall be started an the property until Certificates of Insurance, <br />specifying that the policies have been furnished and accepted by NSR as evidence that Licensee, <br />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, includmg attorney's fees, <br />wising out of bodily injury, liability and property damage liability during the policy period Such <br />policy shall be endorsed to name NSR as an additional insured and shall include a severability of <br />interests provision. In addition, Licensee's policy shall be endorsed to reflect Contractual <br />Liability Insurance specifically relating #o the indemnity provisions of this agreement. Any <br />exclusion for construction or demolition activities (including installing wells or bare holes, but <br />not for work done by means of a hand augur} conducted within SO feet of railroad tracks shall be <br />deleted from Licensee's policy. <br />(b) In the event Licensee cannot obtain contractual liability in~rance to cover the obligations <br />assumed under this Pipeline .Agreement, Licensee or its contractor shall procure and furnish to <br />NSR a Railroad Protective Liability Insurance Policy having a combined single limit of <br />$2,(}00,000 per occurrence and $6,000,000 aggregate. Said policy shall name NSR as the named <br />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 <br />limits of not less than $500,000 each accident, $500,000 per disease -policy limit, and $500,000 <br />per disease -each employee. <br />(d) Automobile Liability Insurance having a combined single limit of not less than $500,000 per <br />occurrence. Said policy shall name NSR as an additional insured and shall include a severability <br />of interests provision. <br />(e} The insurance required herein shall be of such form and content as maybe acceptable to <br />NSR Evidence of such insurance {a certificate of insurance for the general liability insurance <br />policy and the original policy of Railroad Protective Liability Insurance} must be furnished to <br />NSR at NSR Risk Manager, Three Commercial Place, Norfolk, VA 23S IO (or such other currept <br />address provided to Licensee) and approved by NSR prior to Licensee's entry on the Premises. <br />The insuranee.required herein shall not limit the liability assumed by Licensee under this Consent <br />or the Agreement. <br />2i2446.w.mod 02042003 <br />