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04-A Pipeline Xing Agreement
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04-A Pipeline Xing Agreement
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Entry Properties
Last modified
11/8/2005 11:25:11 AM
Creation date
9/26/2003 1:51:31 PM
Metadata
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Template:
AGENDA
Item Number
4-A
AGENDA - Type
RESOLUTION
Description
Pipeline Crossing Agreement with Union Pacific Railroad
AGENDA - Date
9/29/2003
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pLJWL/DRAINAGE INS. 02/16101 <br /> Form Approved, AVP-Law <br /> <br /> Other Requirements <br /> <br /> E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. <br /> <br /> F. Licensee agrees to waive its right of recovery, and its in~urers, through policy endorsement, agree to waive their right of <br /> subrogation against Licensor. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against <br /> Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary <br /> with respect to any insurance carded by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance. <br /> <br /> G. All policy(les) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as <br /> an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of <br /> insurance. <br /> <br />H. Prior to commencing the Work, Licensee shall furnish to Licensor original certificate(s) of insurance evidencing the required <br />coverage, endorsements, and amendments. The certificate(s) shall contain a prevision that ~bligates the insurance company(ies) <br />issuing such policy(les) to notify Licensor in writing of any cancellation or material alteration. Upon request from Licensor, a certified <br />duplicate original of any required policy shall be furnished. <br /> <br />I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance <br />Guide Rating orA- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. <br /> <br />J. Licensee WARRANTS that this Agreement has been thorough!y reviewed by Licensee's insurance agent(s)/broker(s), who have <br />been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's <br />insurance coverage wil~ be primary. <br /> <br />K. The fact that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the <br />liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by <br />Licensor shall not be limited by the amount of the required insurance coverage. <br /> <br /> Page 2 of 2 <br /> <br /> <br />
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