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PL/WL/DRAINAGE INS. 02/16/01 <br /> Form Approved, AVP-Law <br /> <br /> EXHIBIT B-1 <br /> <br /> Union Pacific Railroad Company <br /> Insurance Provisions For <br /> Pipeline I Wireline I Drainage License Agreements <br /> <br /> Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: <br /> <br /> A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least <br /> $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000 Coverage must be purchased on a post 1998 ISO <br /> or equivalent form, including but not limited to cover.age for the following: <br /> · Bodily injury including death and personal injury <br /> · Property damage <br /> · Fire legal liability (Not less than the replacement value of the portion of the premises occupied) <br /> · Products and completed operations ~ <br /> <br /> The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: <br /> · "For purposes of this insurance, Union Pacific Railroad payments re~ated to the Federa~ Employers Liability Act or a Union <br /> Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed <br /> under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." <br /> · The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railread including but not <br /> limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground <br /> hazard shall be removed. <br /> · Coverage for Licensee's (and Licensor's) employees shall not be excluded <br /> · Waiver of subrogation <br /> <br /> B. Business Automobile Coveraqe insurance. This insurance shall contain a combined single limit of at least $2,000,000 per <br /> occurrence or claim, including but not limited to coverage for the following: · Bodily injury and property damage <br /> · Any and all motor vehicles including owned, hired and non-owned <br /> <br /> The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: <br /> "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union <br /> Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed <br /> under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." <br /> · The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not <br /> limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground <br /> hazard shall be removed. <br /> · Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. <br /> <br />C. Workers Compensation and Employere Liability insurance including but not limited to: <br /> · Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement <br /> · Employers' Liability (Part B) with limits of at least <br /> $500,000 each accident, $500,000 disease policy limit <br /> $500,000 each employee <br /> <br />If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers' <br />compensation fund, Licensee shall comply with the laws of such states. If Licensee is self-insured, evidence of state approval must be <br />provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. <br />Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. <br />The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: <br /> · Alternate Employer Endorsement <br /> <br />D. Umbrella or Excess Policies In the event Licensee utilizes Umbretla or excess policies, these policies shall "follow form" and <br />afford no less coverage than the primary policy, <br /> <br /> Page 1 of 2 <br /> <br /> <br />