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<br />shall procure and maintain with insurance companies satisfactory to Railway, the insurance <br />policies described in subparagraphs (ii) and (iii). <br />(i} Upon execution of this Agreement, Licensee shall pay Railway a <br />risk financing fee of $1,000.00 per installation (herein called the "Risk Financing <br />Fee") to provide Railroad Protective Liability Insurance or such supplemental <br />insurance (which may be self-insurance) as Railway, in its sole discretion, deems <br />to be necessary or appropriate. <br />(ii} Prior to the installation of the Facilities, or any subsequent entry by <br />Licensee upon the Premises or other Railway property, Licensee, and each of its <br />contracturs, shall at its sale expense procure and maintain for the course of any <br />such installation or entry, a Camrnercial General Liability Insurance policy <br />having a combined single limit of not less than $1,000,000 for each occurrence, <br />naming Railway as an additional insured and containing products and completed <br />operations and contractual liability coverage; <br />(iii) Prior to any entry upon the Premises or other Railway property <br />occurring after installation of the Facilities, unless Railway elects to make <br />available and Licensee pays the then current risk financing fee far each affected <br />installation, Licensee, or its contractor, shall at its sole expense pracure and <br />maintain during such entry a policy of Railraad Protective Liability Insurance <br />naming State University Railroad Company as a named insured and having <br />combined single limits of not less than $2,000,000 for each occurrence and <br />$6,000,000 in the aggregate. Such policy shall be written using Insurance <br />Services Offices Farm Numbers CG 00 35 Ol 07 98 and Pollution Exclusion <br />Amendment Form CG 28 3107 98. <br />(b) All insurance required under the preceding subsection (a) shall be <br />underwritten by insurers, and be of such farm and content, as may be acceptable to Railway. <br />Evidence of such insurance (a certificate of insurance far the Commercial General Liability <br />Insurance policy and an original Railroad Protective Liability Insurance policy for subsequent <br />entry when Railway does not make available a risk financing fee therefor) shall be furnished to <br />Railway's Director Risk Management, Three Commercial Place, Norfolk, Virginia 23510-2191 <br />for review and approval. <br />12. Environmental Matteis. Licensee assumes all responsibility for any <br />environmental obligations imposed under applicable laws, regulations, ordinances or other <br />requirements of federal, state and local governmental authorities relating to (a) the installation, <br />construction, maintenance, operation or removal of the Facilities, including notification and <br />reporting of any releases, and (b) any contarninatian of any property, water, air or groundwater <br />arising- or resulting, in whole or in part, from Licensee's operation or use of the Premises <br />pursuant to this Agreement. In addition, Licensee shall obtain any necessary permits to install, <br />construct, maintain, operate or remove the Facilities. Licensee agrees to indemnify and hold <br />harmless Railway from and against any and all fines, penalties, demands ar other Lasses <br />(including attorneys' fees) incurred by Railway or claimed by any person, company or <br />4 <br />4 <br />