201802170 - Laserfiche WebLink

Browse

2 01802170 If hazardous materials are disposed of from the Premises, Assignee must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. E. Umbrella or Excess insurance. If Assignee utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above must include Railroad as "Additional Insured" using ISO Additional Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 11, provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Assignee's liability under the indemnity provisions of this Lease. G. Assignee waives all rights against Railroad and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers' liability or commercial umbrella or excess liability insurance obtained by Assignee required by this agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises are located. I. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Premises are located. J. The fact that insurance is obtained by Assignee, or by Railroad on behalf of Assignee, will not be deemed to release or diminish the liability of Assignee, including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Railroad from Assignee or any third party will not be limited by the amount of the required insurance coverage.