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2025.10.06 CC Packet
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2025.10.06 CC Packet
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City Council
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Contract Number: BF-20583561 <br /> <br /> <br />the Declarations. <br /> <br />In lieu of providing a Railroad Protective Liability Policy, Licensee may participate <br />(if available) in Railway’s Blanket Railroad Protective Liability Insurance Policy. <br /> <br />E. Other Requirements: <br /> <br />i) Where allowable by law, all policies (applying to coverage listed above) shall <br />contain no exclusion for punitive damages. <br /> <br />ii) Contractor agrees to waive its right of recovery against Railway for all claims <br />and suits against Railway. In addition, its insurers, through the terms of the <br />policy or policy endorsement, waive their right of subrogation against Railway <br />for all claims and suits. Contractor further waives its right of recovery, and its <br />insurers also waive their right of subrogation against Railway for loss of its <br />owned or leased property or property under Contractor’s care, custody or <br />control. <br /> <br />iii) Allocated Loss Expense shall be in addition to all policy limits for coverages <br />referenced above. <br /> <br />iv) Contractor is not allowed to self-insure without the prior written consent of <br />Railway. If granted by Railway, any self-insured retention or other financial <br />responsibility for claims shall be covered directly by Contractor in lieu of <br />insurance. Any and all Railway liabilities that would otherwise, in accordance <br />with the provisions of this Agreement, be covered by Contractor’s insurance <br />will be covered as if Contractor elected not to include a deductible, self-insured <br />retention or other financial responsibility for claims. <br /> <br />v) Prior to commencing services, Contractor shall furnish to Railway an <br />acceptable certificate(s) of insurance from an authorized representative <br />evidencing the required coverage(s), endorsements, and amendments. The <br />certificate should be directed to the following address: <br /> <br /> <br />BNSF Railway Company <br />c/o CertFocus <br />P.O. Box 140528 <br />Kansas City, MO 64114 <br />Toll Free: 877-576-2378 <br />Fax number: 817-840-7487
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