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<br /> Contractor’s statutory liability under the worker’s compensation laws of the state(s) <br />in which the work is to be performed. If optional under State law, the insurance must <br />cover all employees anyway. <br /> Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 <br />by disease policy limit, $500,000 by disease each employee. <br /> <br />This policy shall also contain the following endorsements or language, which shall be <br />indicated on the certificate of insurance: <br /> <br /> Waiver of subrogation in favor of and acceptable to Railway. <br /> <br />D. Railroad Protective Liability insurance naming only the Railway as the Insured with <br />coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The <br />policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: <br /> <br /> Endorsed to include the Pollution Exclusion Amendment <br /> Endorsed to include the Limited Seepage and Pollution Endorsement. <br /> Endorsed to remove any exclusion for punitive damages. <br /> No other endorsements restricting coverage may be added. <br /> The original policy must be provided to the Railway prior to performing any work or <br />services under this Agreement <br /> Definition of “Physical Damage to Property” shall be endorsed to read: “means direct <br />and accidental loss of or damage to all property owned by any named insured and <br />all property in any named insured’ care, custody, and control arising out of the acts <br />or omissions of the contractor named on the Declarations. <br /> <br />In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) <br />in Railway’s Blanket Railroad Protective Liability Insurance Policy. <br /> <br />Other Requirements: <br /> <br />Where allowable by law, all policies (applying to coverage listed above) shall contain no <br />exclusion for punitive damages. <br /> <br />Contractor agrees to waive its right of recovery against Railway for all claims and suits against <br />Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive <br />their right of subrogation against Railway for all claims and suits. Contractor further waives its <br />right of recovery, and its insurers also waive their right of subrogation against Railway for loss <br />of its owned or leased property or property under Contractor’s care, custody or control. <br /> <br />Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. <br /> <br />Contractor is not allowed to self -insure without the prior written consent of Railway. If granted <br />by Railway, any self-insured retention or other financial responsibility for claims shall be <br />covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would <br />otherwise, in accordance with the provisions of this Agreement, be covered by Contractor’s