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<br />(b) above. LICENSEE and any and all of LICENSEE contractors entering the Premises shall fully comply with
<br />applicable roadway worker protection regulations.
<br />
<br />4. Indemnification. LICENSEE hereby agrees to indemnify and save harmless RAILWAY, its officers,
<br />agents and employees, from and against any and all liability, claims, losses, damages, expenses (including attorneys'
<br />fees) or costs for personal injuries (including death) and/or property damage to whomsoever or whatsoever occurring
<br />which arises or in any manner grows out of (a) the presence of LICENSEE, its employees, agents and/or contractors
<br />on or about the Premises unless such loss of life, personal injury or property loss or damage is caused solely by the
<br />negligence of the RAILWAY, its officers, agents or employees; (b) any allegation that RAILWAY is an employer or
<br />joint employer of a LICENSEE or is liable for related employment benefits or tax withholdings; or (c) any decision by
<br />RAILWAY to bar or exclude LICENSEE from the Premises pursuant to the terms of this Agreement.
<br />
<br />5. Environmental Matters. LICENSEE assumes all responsibility for any environmental obligations
<br />imposed under applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any
<br />contamination of any property, water, air or groundwater arising or resulting from LICENSEE's permitted operations
<br />or uses of RAILWAY's property pursuant to this Agreement. In addition, LICENSEE shall obtain any necessary
<br />permits to install the Facilities. LICENSEE agrees to indemnify and hold harmless RAILWAY from and against any
<br />and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), losses or lawsuits brought by any
<br />person, company or governmental entity relating to contamination of any property, water, air or groundwater due to
<br />the use or presence of the Facilities. It is agreed that this indemnity provision extends to any cleanup costs related to
<br />LICENSEE's activities upon RAILWAY's property and to any costs related to cleanup of the Facilities or to other
<br />property caused by the use of the Facilities.
<br />
<br />6. Insurance.
<br />
<br />a. Without limiting in any manner the liabilities and obligations assumed by LICENSEE
<br />under any other provision of this Agreement, and as additional protection to RAILWAY, LICENSEE or
<br />LICENSEE’S agent/contractor shall, at its expense, procure and maintain with insurance companies
<br />satisfactory to RAILWAY, the following insurance policies:
<br />
<br />(i) A Commercial General Liability Insurance Policy having a combined single limit
<br />single limit of not less than $2,000,000 per occurrence for all loss, damage, cost and expense,
<br />including attorneys’ fees, arising out of bodily injury liability and property damage liability
<br />during the policy period. Said policy shall include explosion, collapse, and underground
<br />hazard (XCU) coverage, shall be endorsed to name RAILWAY as the certificate holder and
<br />as an additional insured, and shall include a severability of interests provision; and,
<br />
<br />(ii) An original Railroad Protective Liability Insurance Policy naming RAILWAY
<br />as a named insured and having a combined single limit of not less than $2,000,000 each
<br />occurrence and $6,000,000 in the aggregate applying separately to each annual period. If the
<br />project involves track over which passenger trains operate, the insurance limits required are
<br />not less than a combined single limit of $5,000,000 each occurrence and $10,000,000 in the
<br />aggregate applying separately to each annual period.
<br />
<br />b. All insurance required under the preceding subsection (a) shall be underwritten by insurers
<br /> and be of such form and content, as may be acceptable to RAILWAY. Prior to the commencement of
<br /> installation or maintenance of the Facilities or any entry on RAILWAY’s property, LICENSEE shall furnish
<br /> to RAILWAY's Director Risk Management, Norfolk Southern Corporation and its subsidiaries and affiliates,
<br /> 650 West Peachtree Street NW Atlanta, Georgia 30308 (or such other representative and/or address as
<br /> subsequently given by RAILWAY to LICENSEE in writing), for approval, the original policy
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