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by the workers compensation and employers liability insurance obtained by TMC <br />required by this Agreement, which must be stated on the certificate of insurance. <br />J. Prior to commencing the Project, TMC shall furnish Railroad with a certificate(s) of <br />insurance, executed by a duly authorized representative of each insurer, showing <br />compliance with the insurance requirements in this Agreement. <br />K. All insurance policies must be written by a reputable insurance company acceptable to <br />Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, <br />and authorized to do business in the state where the Project is being performed. <br />L. The fact that insurance is obtained by TMC will not be deemed to release or diminish the <br />liability of TMC, including, without limitation, liability under the indemnity provisions of <br />this Agreement. Damages recoverable by Railroad from TMC or any third party will not <br />be limited by the amount of the required insurance coverage. <br />Ex. C <br />Subsidence Agreement TMC -UP <br />DEC -1781676-9 <br />