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EXHIBIT "E" INSURANCE AND FLAGGING REQUIREMENTS FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF TIIE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY SECTION 1. INSURANCE. (a). Before commencing any work under this Agreement, Contractor must provide and maintain in effect throughout the team of this Agreement insurance, at Contractor's expense, covering all of the work and services to be performed hereunder by Contractor and each of its subcontractors, as described below: (1). Workers'Compensation coverage as isrequired by State law. THE CERTIFICATE MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY. (2). Commercial General Liability insurance covering liability, including but not limited to Public Liability, Personal Injury, Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1, with coverage of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. Where explosion, collapse, or underground hazards are Involved, the X, C, and U exclusions must be removed from the policy. (3). Automobile Liability insurance, including bodily injury and property damage, with coverage of at least $1,000,000 combined single limit ur the equivalent covering any and all vehicles owned or hired by the Cont~cactor and used in performing any of the services under this agreement. (4). Railroad Protective Liability insurance stating The Burhngton Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor ander the provisions of this Agreement with coverage of at least $2,000,000 per occurrence and $6,000,000 In the aggregate. Coverage shall be 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 Seepage and Pollution Endorsement (see section i. below). (b). The average train traffic per 24-hour period on this route is ~ freight train at a timetable speed of 25. MPHand_0._0 passanger trains at a timetable speed of n/a MPHand 0 switch engine movements. (c). All Insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed, and with a current Beat's Insurance Guide Rating of A- and Class VII, or better. (d). In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate must specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN ADDITIONAL INSURED. (e). Any coverage afforded Railway, the Certificate Holder, as an Additional Insured shall apply as primary and not excess to any coverage issued In the name of Railway. (f). Such insurance shall be approved by the Railway before any work is performed on Rallway's Property and shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the contract is satisfactorily completed as determined by the North Dakota Department of Transportation, and thereafter until all tools, equipment and materials not belonging to the Railway, have been removed from Railway's Property and Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance, signed by the insurance company, or its authorized representative, evidencing the issuance of insurance coverage as prescribed in (a) 1, 2 and 3 above, plus the original Railroad Protective Liability Insurance policy to: February 11, 2000