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Law Department Approved 08 -36053 <br />APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL <br />HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND <br />RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. <br />(d) Upon written notice from Licensor, Licensee agrees to assume the defense of <br />any lawsuit or other proceeding brought against any Indemnitee by any entity, <br />relating to any matter covered by this License for which licensee has an <br />obligation to assume liability for and /or save and hold harmless any Indemnitee. <br />Licensee shall pay all costs incident to such defense, including, but not limited to, <br />attorneys' fees, investigators' fees, litigation and appeal expenses, settlement <br />payments, and amounts paid in satisfaction of judgments. <br />PERSONAL PROPERTY WAIVER <br />21. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, <br />EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE <br />RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY <br />DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR <br />IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE, <br />INSURANCE <br />22. Licensee shall, at its sole cost and expense, procure and maintain during the life of this <br />Agreement the following insurance coverage: <br />A. Commercial General Liability Insurance. This insurance shall contain broad form <br />contractual liability with a combined single limit of a minimum of $2,000,000 each <br />occurrence and an aggregate limit of at least $4,000,000. Coverage must be <br />purchased on a post 1998 ISO occurrence or equivalent and include coverage <br />for, but not limited to, the following: <br />Bodily Injury and Property Damage <br />Personal Injury and Advertising Injury <br />e Fire legal liability <br />e Products and completed operations <br />This policy shall also contain the following endorsements, which shall be indicated on <br />the certificate of insurance: <br />The employee and workers compensation related exclusions in the above <br />policy shall not apply with respect to claims related to railroad employees. <br />e The definition of insured contract shall be amended to remove any exclusion <br />or other limitation for any work being done within 50 feet of railroad property. <br />Any exclusions related to the explosion, collapse and underground hazards <br />shall be removed. <br />No other endorsements limiting coverage may be included on the policy with regard to <br />the work being performed under this agreement. <br />10 <br />Form 419; Rev. 04/26/05 <br />