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04%06/2007 .02:49 9705224018 LOGAM CO COMMISSIOND <br />.. ~ _... F'Alit b5/ 05 <br />~"CINDER~MlyRGAN <br />Guidelines fat' benign and Construction near <br />NCinder Morgan Operated Facilities <br />KM shall be indemni0ed and held harmless from arty loss, cost of liabll'dy for personal in)uries recehred, death causetl or <br />property damage suffered br sustained by any person resulting from any blasting opera0ons undedaken wltltin 500 feet of <br />its faolliUos. The organizaDon responslblo for blasting shall be liable for any and ali damages caused do KM's facilities as a <br />resuh of their acOvlUes whether or net KM representathres are preserd. KM shall have a signed and executed slanting <br />Indemnification Agreement before authorized pennisslon to blast can be given. <br />No blasting shall be allowed within 300 teat of KM's facilities unless blasting notification is given to KM a minimum of one <br />vreek befdre blasting. (note: cohered abave)KM shall review and analyze the blasting methods. A written blasting plan <br />shall he provided by the organizatbn responsible for blastlng and agreed to In writing by KM in addition to meeting <br />requirements for 500' ands 1000' being met above. A written emergency plan shall be provided by the organization <br />responsible for blasting. (note: ecvered above) <br />• Any contact with any KM taclllty, pipeline, valve set, eta. shall be reported Immedletely !n KM. If repairs to the pipe are <br />necessary, they will tie made and inspected before the section Is re-ceeied and the Iina is back-filled. <br />_,_ ... <br />• KM personnel shall install elf fast les8s nn`RIDf ittCgftlC?'s: `~ <br />Burning of trash, brash, etc. is not permitted within the KM ROW. <br />Insurance RegWremeiits <br />• All contractors, ahil their subcontractors, working on Company easemerrts shall maintain the following types of Insurance <br />policies and minimum limits a} coverage. All insurance certificates cartled by Contractor and Grantee shall Include the <br />following statement: "Kintter Morgan and Os attillated or subsidiary companies aro named as additlanal insured on all <br />above policies (except Worker's Compensation) and waiver of subrogation in favor of Knder Morgan and Its affiliated or <br />subsidiary cornpaHles, their respecWe directors, officers, agents and employees applies as required by written Contretx.° <br />Contraotor shall furnish Certlflcates of Insurance evidencing insurance coverage prior to commencement of work <br />and shall provide thirty (30) days noUrs prior to the termination or cancallaUon of any poilcy. <br />1. Statutory Coverage Workers' Compensation Insurance in accordance with the laws of the states where the work is to be <br />performed. If Contractor perFOrtns wont on the adjacent on navigable watenrrays Contractor shall furnish a certificate of <br />insurance showing compliance with the provisions of the Federal Longshoreman's and Harbor Workers' Compensation <br />l.aw. ~ <br />2. Employers Liability Insurance, vAkh limits of not loss than 51,000,000 per occurrence and 51,000,000 disease each <br />employee. <br />3. Commercial General Liability Insurohce with a combined single limit of hat less than 52,OOD,000 per occurrence and in the <br />aggregate. All policies shall include Coverage for blanket contractual liability assumed. <br />4. ComprehehsNe Automobile LlabilUy Insurance wkh a combined single Ilmtt of not less than 51,000,000. If necessary, the <br />prilicyshalt be endorsed to provide contractual liabilky coverage. <br />5, If necessary CnmpFehensive Aircraft Liability Insurance wtth combined bodgy injury, including passengers, and property <br />damage Ilabllhy single Umlts of not less than 55;tl00,000 each occurrence. <br />8. Contractor's Pollution Liability Insurance this coverage shall be maintained in force far the full period of this agreement with <br />au'ailable limits of not less then 5x,0011,000 per occurrence. <br />7. Pollutlon Legal Liability Insurance this coverage must be maintained in a minimum amount of SS,000,000 per occurrence, <br />-+...,,..... rte.,, o...,.erl„re end Page 3 of 3 OM2062g <br />~~.~~ <br />