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LandRail Agreement No. 406631
<br />Revision Date: March 22, 2010
<br />ARTICLE IV. SIGHTING AT CROSSING
<br />Where Licensee's property adjoins Licensor's property, in the vicinity of the Road
<br />Crossing, Licensee shall keep its property free of bushes, trees, weeds, vegetations, and all other
<br />obstructions of any kind that could interfere with a motor vehicle operator sighting an
<br />approaching train. It shall be Licensee's responsibility and duty to prevent all unauthorized
<br />persons from using the Road Crossing and nothing herein shall be construed to relieve Licensee
<br />of this responsibility and duty.
<br />Licensee acknowledges that Licensor has no obligation or duty to give audible warning of
<br />the approach of a train, nor erect whistle posts, nor reduce the speed of its trains, nor alter its
<br />operations in any manner, owing to the presence or existence of the Road Crossing or other use
<br />or exercise of the right or license granted herein. Licensee assumes, at its own risk and expense,
<br />sole responsibility for determining if any signs, signals or other warning devices are necessary or
<br />appropriate for the safety of persons using the Road Crossing and specifically acknowledges that
<br />Licensor has no obligation or duty whatever to make any such determination. If the installation
<br />of any signs, signals or warning devices on the Road Crossing is presently or hereafter required
<br />by law or by competent public authority, or is otherwise requested by Licensee, the same shall
<br />conform to any then currently applicable practices of the Licensor for such devices as to design,
<br />material and workmanship and all costs incurred by the Licensor related to the installation,
<br />operation, maintenance, renewal, alteration and upgrading thereof shall be solely borne by
<br />Licensee.
<br />ARTICLE V. INSURANCE
<br />Licensee shall purchase and maintain insurance as specified below covering the crossing, all
<br />the work and services to be performed hereunder, and all obligations assumed hereunder, from
<br />effective date of License until termination, unless otherwise specified in this License, with
<br />insurance companies assigned a current Financial Strength Rating of at least A and Financial Size
<br />Category of X or better by A. M. Best Company:
<br />A. Workers' Compensation Insurance: providing workers' compensation benefits
<br />mandated under applicable state law and employer's liability insurance subject to minimum limits
<br />of not less than $1,000,000 for bodily injury by accident, each accident; $1,000,000 each employee
<br />for bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease.
<br />B. Commercial General Liability Insurance: subject to limit of $1,000,000 each
<br />occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual
<br />aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance
<br />Services Office ( "ISO ") policy forms to include, but not be limited to: Operations and Premises
<br />Liability, Completed Operations and Products Liability, Personal Injury Liability and Contractual
<br />Liability Insurance. Any and all General Liability policies procured by Licensee shall be amended
<br />to delete any and all railroad exclusions including exclusions for working on or within fifty feet
<br />(50') of any railroad property, railroad track, railroad bridge, trestle or tunnel. (Railroad Protective
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