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Contract Number: BF-20583561 <br /> <br /> <br />provisions of this Agreement. Damages recoverable by Railway shall not be <br />limited by the amount of the required insurance coverage. <br /> <br />xiv) In the event of a claim or lawsuit involving Railway arising out of this <br />agreement, Contractor will make available any required policy covering such <br />claim or lawsuit. <br /> <br />xv) These insurance provisions are intended to be a separate and distinct <br />obligation on the part of the Contractor. Therefore, these provisions shall be <br />enforceable and Contractor shall be bound thereby regardless of whether or <br />not indemnity provisions are determined to be enforceable in the jurisdiction <br />in which the work covered hereunder is performed. <br /> <br />xvi) For purposes of this section, Railway shall mean “Burlington Northern Santa <br />Fe LLC”, “BNSF Railway Company” and the subsidiaries, successors, assigns <br />and affiliates of each. <br /> <br />4) SALES AND OTHER TAXES <br /> <br />A. In the event applicable sales taxes of a state or political subdivision of a state of <br />the United States are levied or assessed in connection with and directly related to <br />any amounts invoiced by Contractor to Railway (“Sales Taxes”), Railway shall be <br />responsible for paying only the Sales Taxes that Contractor separately states on <br />the invoice or other billing documents provided to Railway; provided, however, that <br />(i) nothing herein shall preclude Railway from claiming whatever Sales Tax <br />exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall <br />be responsible for all sales, use, excise, consumption, services and other taxes <br />which may accrue on all services, materials, equipment, supplies or fixtures that <br />Contractor and its subcontractors use or consume in the performance of this <br />Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any <br />penalties, fines or interest thereon) that Contractor fails to separately state on the <br />invoice or other billing documents provided to Railway or fails to collect at the time <br />of payment by Railway of invoiced amounts (except where Railway claims a Sales <br />Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together <br />with any penalties, fines or interest thereon) if Contractor fails to issue separate <br />invoices for each state in which Contractor delivers goods, provides services or, if <br />applicable, transfers intangible rights to Railway. <br /> <br />B. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes <br />(together with any penalties, fines or interest thereon) that Contractor is <br />responsible to pay under this Agreement have been paid. If a written claim is made