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02i03i94 1645 S 303 798 4850 <br />MINERS INC P.04 <br />(a) Comprehensive general end automobile 11abi1ity insurance with <br />contractual 11abi11ty endorsement and products and completed operations <br />hazards included, which shall provide coverage for limits of not less <br />than 52,000.000 bodily injury liability and property damage liability, <br />combined single limits. <br />(b) Workers' Compensation and Employer's Liability Insurance covering <br />all employees of Contractor and any subcontractors wherever they may be <br />in the United States of America so long as they are engaged in the work <br />covered by this agraeaant. The policy or policies shall cover as <br />determined by the Workers' Compensation laws of the state or states <br />under which such liability arises, and shall contain, so far as it is <br />lawful to obtain the same, a waiver of insurer's right of subrogation <br />against the Railroad for payments made to or on behnlf of employees <br />of the Contractor or subcontractors. A policy for Employer's Liability <br />with a limit of no less than 61,000,000 shell also be required and shall <br />be endorsed to provide for a waiver of subrogation. <br />Contractor agrees to furnish Railroad with a certificate of insurance to <br />which w111 be attached an endorsement, the form of which is included as <br />a separate part of this agreement, marked Exhibit "A". <br />Liability of Contractor under Section 5 hereof shall not be limited to <br />coverage provided under said insurance policies. <br />7. Tha permission herein given shall not be assigned by Contractor without <br />the prior written consent of Reilrond, except in the case of <br />subcontractors who shall be deemed agents of Contractor subject to the <br />terms of this agreement. <br />8. No vehicular crossing over Railroad's track shall be installed or used <br />by Contractor without prior written permission of Railroad. <br />9. No work shell be done within (20) twenty feet of any operable track <br />without a Railroad Flagman present. Contractor will coordinate <br />working hours with the Railroad's representative and shall request <br />permission by written notice (3) three working days prior to working <br />any Saturdays, Sundsys, or legal holidays, which permission shall not <br />bs unreasonably withheld. <br />10. At request of Railroad, Contractor shall remove from Railroad premises <br />any employee of Contractor or any subcontractor who fails to conform to <br />the instructions of Railroad's representative in connection with work <br />on Railroad premises, and any right of Contractor to enter upon Railroad <br />premises shall be suspended until such request of Railroad is met. <br />Contractor shall indemnify Railroad against any claim arising from the <br />removal of any such employee from Railroad premises. <br />3. <br />