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EXHIBIT "E" INSURANCE AND FLAGGING REQUHIEMENTS FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE 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 term of this Agreement insurance, at Contractor's expense, covering all of the work and services to be performed hereunder by Con~ractor and each of its subcontractors, as described below: (1). Workers' Compensation coverage as is required by State law. THE CERTIIqCATE MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMI~ANY'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 Comractor in Section 1, with coverage of at least $2,000,000 per occu~ence and $4,000,000 in the aggregate. Where explosion, collapse, or underground hazards are involved, the X, C, and U exclusions must be removed fi.om the policy. (3). Automobile Liability insurance, including bodily injury and property damage, with coverage of at least $1,000.000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Con.actor and used in performing any of the services under this agreement. (4). Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor under 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 ISOfform CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement (see section i. below). Co). The average train traffic per 24-hour period on this route is 20 freight train at a timetable speed of 60 MPH and ~0 passenger U'alns at a timetable speed of n/a MPH and 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 Best's Insurance Guide Rating orA- 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. (0. Such insurance shall be approved by the Railway before any work is performed on Railway'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 con~'act 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 fi.om Rallway's Properly and Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor and Comxactor shall furnish Railway with an original certificate of insurance, signed by the insurance company, or its authorized representative, evidencing the issuance of insurance covemge as prescribed in (a) 1, 2 and 3 above, plus the original Raikoad Protective Liability insurance policy to: February 11, 2000