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Shelf Land Act, if applicable. <br />D. Railroad Protective Liability insurance. TMC must maintain Railroad Protective <br />Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form <br />providing equivalent coverage) on behalf of Railroad as named insured, with a limit of <br />not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating <br />the policy is in place must be submitted to Railroad before the Project may be <br />commenced and until the original policy is forwarded to Railroad. <br />E. Umbrella or Excess insurance. If TMC utilizes umbrella or excess policies, these <br />policies must "follow forin" and afford no less coverage than the primary policy. <br />F. Pollution Liability insurance. Pollution Liability coverage must be included if the scope <br />of work in the Agreement will include installation, temporary storage, or disposal of any <br />"hazardous" material that is injurious in or upon land, the atmosphere, or any <br />watercourses; or may cause bodily injury at any time. <br />Pollution liability coverage must be written on ISO form Pollution Liability Coverage <br />Foam Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent <br />liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate <br />limit of $10,000,000. <br />If the Project includes the disposal of any hazardous or non -hazardous materials from the <br />job site, TMC must furnish to Railroad evidence of pollution legal liability insurance <br />maintained by the disposal site operator for losses arising from the insured facility <br />accepting the materials, with coverage in ininimum amounts of $1,000,000 per loss, and <br />an an ival aggregate of $2,000,000. <br />Other Requirements <br />G. All policy(ies) required above (except business automobile, worker's compensation and <br />employers liability) must include Railroad as "Additional Insured" using ISO Additional <br />Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). <br />The coverage provided to Railroad as additional insured shall not be limited by TMC's <br />liability under the indemnity provisions of this Agreement. BOTH TMC AND <br />RAILROAD EXPECT THAT RAILROAD WILL BE PROVIDED WITH THE <br />BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW <br />UNDER ISO ADDITIONAL INSURED FORM CG 20 26. <br />H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the <br />certificate of insurance), unless (a) insurance coverage may not be lawfully obtained for <br />any punitive damages that may arise under this Agreement, or (b) all punitive damages <br />are prohibited by all states in which this Agreement will be performed. <br />I. TMC waives all rights against Railraod and its agents, officers, directors and employees, <br />where pei7nitted by law, for recovery of damages to the extent these damages are covered <br />Ex. C <br />Subsidence Agreement TMC -UP <br />DEC -1781676-9 <br />