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a. Comprehensive general public liability and property damage insurance, in the <br />aggregate amount of Ten Million dollars ($10,000,000.00) combined single limit Bodily Injury <br />and Property Damage, each occurrence included. <br />b. If applicable, Employer's liability insurance protecting against employee <br />claims for bodily injury, actions outside the scope of the Workers' Compensation immunity and <br />all other employee claims against employers with each underlying limit being not less than Two <br />Million Dollars ($2,000,000.00) per person and Four Million Dollars ($4,000,000.00) for each <br />occurrence. <br />c. Fire, property damage, extended and all risks coverage for all buildings and <br />structures comprising the Jansen Facility for the replacement value of such buildings and <br />structures, as well as for all coal located at the Jansen Facility in an amount not less than Two <br />Million Dollars ($2,000,000.00). <br />d. Automobile bodily injury liability insurance in the same bodily injury <br />liability limits as set forth in (a) above, and automobile property damage liability insurance in an <br />amount of not less than One Million Dollars ($1,000,000.00). <br />e. If applicable, Workers' Compensation insurance, occupational diseases <br />insurance, including federal and state Black Lung coverage, unemployment compensation and all <br />other insurance coverage for occupational injury, disease or hazards as required by the laws and <br />• regulations applicable to and covering employees of Lessee engaged in the performance of work <br />under this Agreement. <br />f. In the event BNSF shall require Lessor or Lessee to obtain any additional <br />insurance coverages pursuant to the Interchange Agreement, Lessee shall obtain such insurance <br />coverage at its sole cost and expense and shall name Lessor as an additional insured. <br />6.2 Form of Insurance All of the insurance coverages required under Section 6.1 <br />above shall be obtained from a reputable insurer, acceptable to Lessor, who is licensed to do <br />business in the State of Colorado. All policies or certificates of insurance obtained by Lessee <br />under this Agreement shall name Lessor as an additional insured. In addition, every insurance <br />policy required under Section 6.1 above shall contain a waiver of subrogation by the insurer <br />against Lessor, its owners, affiliates and subsidiaries. Each policy of insurance required <br />hereunder shall be written as an "occurrence" contract unless the policy is available only on a <br />"claims made" basis, in which case Lessee shall continue such insurance policy after termination <br />of this Agreement for a period of three (3) years. - <br />6.3 Proof of Insurance Coverage Lessee shall furnish to Lessor copies of all <br />certificates evidencing the insurance coverages required by Section 6.1 above, including, but not <br />limited to, copies of any bonds which may be required for such coverage, prior to commencing <br />any operations at the Jansen Facility under this Agreement, and thereafter upon request by <br />Lessor. <br />