2011-01-03_PERMIT FILE - M2011001 (22)

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LandRail Agreement No. 406631 Revision Date: March 22, 2010 Liability Insurance may be substituted for Commercial General Liability Insurance as long as the equivalent coverage is provided). C. Business Automobile Liability Insurance: subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on ISO policy forms referred to as Business Automobile Policy ( "BAP ") to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. D. Umbrella Liability Insurance: subject to a limit of $4,000,000 each occurrence for bodily injury, property damage, personal injury and advertising injury. Policy coverage is to be at least as broad as primary coverages and include, but not be limited to, Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury Liability and Contractual Liability insurance. Completed Operations coverage is to be maintained for a period of not less than three (3) years after the termination or cancellation of this License. E. All insurance required of Licensee shall include Licensor, OmniTRAX, Inc. their parents and affiliates, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, shareholders and employees as additional insured and include wording which states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. All insurance shall provide a minimum of thirty (30) days advance written notice of insurer's intent to cancel or otherwise terminate policy coverage. All policies shall be written on an occurrence basis. If Licensee cannot obtain an occurrence based policy for any required coverage, policies may be written on a claims made basis. If any policies providing the required coverage(s) are written on a claims -made basis, the following is applicable: i. The retroactive date shall be prior to the effective date of this License. ii. Licensee shall maintain such policies on a continuous basis. iii. If there is a change in insurance companies or the policies are canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years after the License termination date. Licensee shall file with Licensor and its affiliates on or before the effective date of this License a valid Certificate of Insurance for all required insurance policies. Each certificate shall identify Licensor, OnmiTRAX, Inc., their parents and affiliates, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, shareholders and employees as additional insureds and state that Licensor and its affiliates will receive a minimum of thirty (30) days advance written notice of insurer's intent to cancel or otherwise terminate policy coverage. Prior to expiration of such insurance, Licensee shall supply Page 4 of 8