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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 />Email: BNSF@certfocus.com <br />www.certfocus.com <br /> <br /> <br />vi) Contractor shall notify Railway in writing at least 30 days prior to any <br />cancellation, non-renewal, substitution or material alteration. <br /> <br />vii) Any insurance policy shall be written by a reputable insurance company <br />acceptable to Railway or with a current Best’s Guide Rating of A - and Class <br />VII or better, and authorized to do business in the state(s) in which the service <br />is to be provided. <br /> <br />viii)If coverage is purchased on a “claims made” basis, Contractor hereby agrees <br />to maintain coverage in force for a minimum of three years after expiration, <br />cancellation or termination of this Agreement. Annually Contractor agrees to <br />provide evidence of such coverage as required hereunder. <br /> <br />ix) Contractor represents that this Agreement has been thoroughly reviewed by <br />Contractor’s insurance agent(s)/broker(s), who have been instructed by <br />Contractor to procure the insurance coverage required by this Agreement. <br /> <br />x) Not more frequently than once every five years, Railway may reasonably <br />modify the required insurance coverage to reflect then-current risk <br />management practices in the railroad industry and underwriting practices in <br />the insurance industry. <br /> <br />xi) If any portion of the operation is to be subcontracted by Contractor, Contractor <br />shall require that the subcontractor shall provide and maintain insurance <br />coverage(s) as set forth herein, naming Railway as an additional insured, and <br />shall require that the subcontractor shall release, defend and indemnify <br />Railway to the same extent and under the same terms and conditions as <br />Contractor is required to release, defend and indemnify Railway herein. <br /> <br />xii) Failure to provide evidence as required by this section shall entitle, but not <br />require, Railway to terminate this Agreement immediately. Acceptance of a <br />certificate that does not comply with this section shall not operate as a waiver <br />of Contractor's obligations hereunder. <br /> <br />xiii)The fact that insurance (including, without limitation, self-insurance) is <br />obtained by Contractor shall not be deemed to release or diminish the liability <br />of Contractor including, without limitation, liability under the indemnity
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