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EXHIBIT "E" <br /> INSURANCE AND FLAGGING REQUIREMENTS <br />FOR CONSTRUCTION PROJECYS ON OR ADJACENT TO PROPERTY OF <br />THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY <br /> <br />SECTION 1. INSURANCE. <br /> <br /> (a). Before commencing any work under this Agreement, Contractor must provide and maintain in effect <br />throughout the term_ of this Agreement insurance, at Contractor's expense, covering all of the work and services to be <br />performed hexeunder by Contractor and each of its subcontractors, as described below: <br /> <br /> (1). Workers' Compensation coverage as is requffed by State law. THE CERTIFICATE MUST <br />CONTAIN A SPECIleIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST <br /> <br />THE BURLINGTON NORTHERN AND SANTA IrE RAILWAY COMPANY. <br /> <br /> (2). Commercial General Liability insurance covering liability, including but not limited to Public Liability, <br />Personal injury, Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1, <br />with coverage of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. Where explosion, collapse, or <br />underground hazards are involved, the X, C, and U exclusions must be removed from the policy. <br /> <br /> (3). Automobile Liability insurance, including bodily injury and property damage, with coverage of at least <br />$1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Contracter and <br />used in performing any of the services under this agreement. <br /> <br /> (4). R,ilroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway <br />Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this <br />Agreement with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. Coverage shall be <br />issued on a standard ISO form CG 00 35 01 96 and endorsed to include ISO form CG 28 31 10 93 and the Limited <br />Seepage and Pollution Endorsement (see section i. below). <br /> <br /> (b). The average train traffic per 24-hour period on this route is 1__ fi;eight train at a timetable speed of <br /> 25 MPHand_.0_0 passenger tralns at a timetable speed of n/a MPHand 0 switehenginemovements. <br /> <br /> (c). All insurance shall be placed with insurance companies licensed to do business in the States in which the <br />work is to be performed, and with a current Best's insurance Guide Rating of A- and Class VII, or better. <br /> <br /> (d). In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate must <br /> specifically state that THE BURLINGTON NORTHERN AND SANTA lee RAILWAY COMPANY IS AN <br /> ADDITIONAL INSURED. <br /> <br /> (e). Any coverage afforded Railway, the Certificate Holder, as an Additional Insured shall apply as prmmry and <br />not excess to any coverage issued in the name of Railway. <br /> (f). Such insurance shall be approved by the Railway before any work is performed on 'Railway's Property and <br />shall be camed until all work required to be performed on or adjacent to Railway's Property under the terms of the <br />contract is satisfactorily completed as determined by the North Dakota Department of Transportation, and thereafter <br />until all tools, equipment and materials not belonging to the Railway, have been removed from Rallway's Property and <br />Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the <br />Contractor and Contractor shall furnish Railway with an original certificate of insurance, signed by the insurance <br />company, or its authorized representative, evidencing the issuance of insurance coverage as prescribed in (a) 1, 2 and 3 <br />above, plus the original Railroad Protective Liability insurance policy to: <br /> <br />February 11, 2000 <br /> <br /> <br />