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Dry Creek Channel Drainage Ditch AgreementTHIS AGREBMT, made and entered into this day of 11 ^ , 1960, gy, a`aSect een - U171, ' PAC FIC a corporation of the State of Utah (hereinafter called "Railroad Company"), party of the first pare and CITY OF SALIN.A, a municipal corporation of the Mate of Kansas (hereinafter ter cane$ "city" patty of the second part:,WITNESSETH: RECITALS: Under dates of May 12$ 1959# May" lds 1.959, and Kay 290 1959, the Railroad Company sand the United States of America ("reinafter called "Government,") entered mato three separate agreemoats, identified in the Railroad Company's records as its C.D.No.. 43132-5t C.D.No. 143132-2, and C.l3..No. 43132-3, proQ - V ding for (a) the construction of a new bridge structure over Drl' Crook Diversion Channel at Mile . Post $. 4 of the ,ail road Compahy t s ,MMP erw son Braraoh, near Kantor, Kaaxsas, (b) the making of alterations to the Railroad Company's 6 -span pile trestle bridge at Mile Port 1.87.6 of the Railroad Company; s Kansas Division Main L ne ' spanniog Dry Creek Di.teh; and (6) t4he making of alterations to the Railroad company's tic -plate girder bride over _ iilberry Creek at Mile Post 1.16 of the Railroad Company's Plaianvill:e Branoh, Salinas 'Kaneas, respectively, connection n1ectio With the joint project of the Citic and the € overnment, knoeo as the nay food Prote4i.oa Project., Salina, Kansas,," unider 'which agreements the Railroad Company has, or will-, perms form certain a aeration or construction operations at the expense of the 0overnment and the Government has, or will, perform certain other construction or alteration operations.at its ovu expensethe pur- pose of all of which operations was and is to pro-. 1 vide drainage ditch channels across the right of vat of the Railroad Company at the locations hero- in efore mentione+d* that ash of that agreementsagreementsabove cited provides "The Omer agrees to convey to the .City of Salina, Kansast without consideration From thea Government, the nocessasry, right-iof-way UoonSo givixJ► sa .d City of Sallaa., Kansas, the right to operate and maintain the said Pro; eot x e the designation Vwner" in the foregoing quotation haw .ng r efortaco to the RAI. road Company. The attached prints. dated Febrtaa r 9 19 x�h60 marked " hibit As" dated February $ 1966,t marked ."Exhibit t ," send datedF'ebr February 9, , marked "pachibit C, # radpeot vely , shows, outlined. by ellow, lineae:, the portions of thea Railroad Comp y04 'right, of way on which the City re�quireas -liar ees tat to the provisions above quoted for , the maintenance and operation of the drainage facilities hereiabo- fare mentioned, the portion of they drainage faoili ties consisting of the lovee6s,. riprap "A apps rtei canoes thereof, oanetobsd by the Governneat an .the Railroad Company's right of gray 0oreasaid beinS here- fnaftor for eeonvenienoe referred to collectively as the "Project Works." Sychibits As h and G, above ment oned# are horoby mad* a part of this agreements and the portions of the Railroad Company's right of way shown outlined by yellow lines thereon are hereinafter referred to col.. leotively as the: "'Licensed Preaxis' es." To set out the understanding of the parties here- to- with r esspeet to all of the aforesaid sub j east met* ter this agreement is made NOW THEREFORE, it is mutually agreled by and between parties hereto as follows.: 094tgn 1. 44II AD COMPANY GRAM RIGH. 'in consideration of the c ov onants and agreem6lU herein contained to be by tho' City rept, observed and per- formod, the,'Railroad Company hereby grants to the City, sub- ject to the teras and conditions hereinafter stated,, that rig, during they term hereof, to maintain and operate the 'project Forks on the aforesaid Licensed Promises* 2 The foregoing grant is subject and subordinate. to the prior and continu ig right and obligation of the Railroad Compan ► to use cad maintain its entire railroad right of way 1A the performance of Its public d tY as. $ common carr��, and Is also subject; to the right and power of the Railroad Company to construct,, ma ,xsta n repair, renow# use, operate, th"Soz modl.fy car relocate rai oad traaka, tolegraph,, tole. phone►, signal or other pole and wire lines,pdpe Ines cad other facilities upon, along or across my Qr all, pparts ted' said right of way, all or any of which may be freely done at SAY time or times by the Railroad Company without liability to. the City or to any other party for compensation or des The foregoing grant is also subJeat to all antstaaid, Ing superior rights (including those in favor of telegraph ani telephone companies � Lessees of said right of way, and others' and the r .ghto of th+e Railroad Company to renew, arid_ ektand the same* Soetlon 2. MAINTMANCg OF DRAINA03 DITCH AND PlOJ90�2 WORK The .-CCity slaa.l.l# at ,ts own expense, during theterm hereof., maintain and keep in goad repair the draIna►geditch chaninels and the Pro -Jett Works, and all work performed ln con neetion therewith on the Lioonsed Promises shall, be performed In a mariner satisfactory .and acceptable to the Railroad Com- pony'+ $aid drainage ditch channels and the Project 'forks shall be maintained by the City at all times in such manner as to ,avoid scour around the pier and abutment footings cif th Ra it it ad Company► s bridge structures on the Licensed Premises and the Cita shall dna nothing wbich would impair the safety ofsuah'structures or ioterrupt the constant and continuous opration of the railroad of the Railroad. Comp&ny: $eots3.e i� NOTICE OF 0OW49KCRUNT OF '* The City shall notify the Railroad Company at least forth-eiSht hours in advance of the commencement of soy work upon the Li.censed..Premises in connectlon with the maintenance and. repair of the drainage ditch channels or the Pro j ecto Works PROVIp , however, that emergency repairs may be made without such advance notice, ! it being understood that when emergency repairs are made, the City will, notify the Railroad Company as promptly as practicable as to the necessity thore4- for and the, nature thereof. Section 4• MODIFICATION OF DRAINAGE DITCH CHANNELS AND PROJECT WORKS. The City small $ at its $ole UPGAS mako. agcy and all a odifications or cb gow in the drainage ditch channels or Project Works as may be required by the Railroad Gcmpany 3 a<ny time in connection with the maintenance repair, renew 0, uses operation, change, m6difioation or, tZoeation of rai ad tracks, telegraph, telepoone, signAl or other poly.and re linea, pipe lines and other `ac . hies of the Railroad Mpany within the limits of the Licensed Premises. All the terms, conditions and stipulations here ntaf r expr+sesedd with reference to the maintenance and repair of e drainage ditch channels and the Proeat Works on'the Li- a.sed . Premi,aes in the locations hereinbefore mentioned shall ply .to the drainage ditch channels and Project Works n0 di€ied or changed within the contemplation of this section* action, 5 RES RATION QP RAILROAD COPPANY' 3 PRQPLRTY,# In the event the City or a contractor performing work for the City shall take domn any feriae of the Railroad Company or is any manner move or disturb any other property f the Railroad Company in connection with the ma,intenante d- r opair of the drainage ditch channels or the Project Work hon and in that event the City shall, as soon as possible, an at its sole expense, restore* or cause to be restored, such fence or such other property to the extent requested by. the a lras.d Com any, and the City shah. indemnify end save ham - lose the Railroad Compan from and against any and all lia- bility, lose, damat oa, claims, demands, gouts and expenses of whatsoever natures, including court oosts and attorneys' fees, which may result from injury to or death of persons whomso- ever or ' damage to or lose or destruction. of property whatso- ever, when such injury, death, damage, loss or destruction grows. out of or arises from the taking down of any fence_ or the moving or disturbance a of any other property .of the ,:,Rail- road Cozpanyw Section 6. LIAKLITY. Insofar as it lawfully may, the City 'agreea to in- demnify and serve harmless the Railroad Company from , and age in. any and all liability for injury to or death of persons whom- soever or loss of or damage to property whatsoever, when such in.juury, death, loses or damage arises in any way in connection with or incident to the maintenanceg repair or opera.tiotl sof the drainage ditch obannels or the .Project 'forks. Section 7# RAILROAD PRQTMUME LIAtILI'i'Y AND PROPERTYIDt GE INSURANCE. In the event the City shall at, any time employ a eontractoar for performance of the said work of maintaining or .repairing the drainage ditch channels or the Faro jest Worke,, thea and in that event the City shall requi.rs any such contra+ ter, pr ig to entrance. upon► the Licensed Promises, to furnish and maintain in :orae so long as such work shall continue upon the. Lidaased Promises insurance on behalf of the Railroad Com. parry in the' form and with coverage and provisions as OoAtalned in the ARAILRO PROTECTIVE LIABILITY FORK," a copy* of which farm i.s.. attaohdd hereto, marked 1"�hbit Dn and hereby made art hereof The original of such policy of 'insurance in favor of ;the Rai.iroad Company $tall be furnished to the City far traesm .tta1 to the Railroad Com any's s Chief ftSi ,00r .at 4mak#at, tisbraska, , ofore starting such vork. of maintenance and repaiir o section a. ` 41-M30 'The City shall pay,9 orcause to - be paid:, in. fug. allorsons .wbo porfoarm work on the Licensed Premises and shay» of permit or suffer any Lions of any kind or nature is be oftfot6eed against the Licensed Premises for any � work dome thereon at the instance or request of tho-Cit, e . G3.ty, and the City agrees to indovpify and hold harmless the Iiaiir+�ad Cotpany from and against: W. and all liens c3l.aima, demands, -costs and expenses of whatsoever nature in. any gray conn.eated . :thi or lowing out of such work done or laborgerf'ormed* Section 9. TtikNAT ON 08 ABAN84 T OR! DEPAYAT. Biscontinuanee of the use of the draiaagei ditch ahannols or the Project Works at any time fpr ec porlod4-f on* M .year for drainage purposes shall constitute an abaado i ent thereof, and in the event of suchan abandonment the Railroad Company may, at its option, terminate this .agreement. Tf the City shall fail to keep and perform. all or any of the-.povenants and agreements herein sen.tained� to be by it kept and -performed and such default shall continue for a peril©d of thirty days after written'.notioe from ,the Railroad. Company to the City specifying such default., therm the Rail- road .Company may, at its caption, forthwith terminate -,this Section 1p. RESTORATION OF RAILROAD PROaSES ON TMKXATION OF AGftE iT* Within ninety days after'the.taftination of this agreement howsoeverthe City shalll, at. its sole expense -end to the, e�xt+ent ' as requested bar the Railroad Company, restore the Lice�n$Od Premises .to a condition eat3sfactory to the Rail. road Co4pany, and if the City faild so to do, the Railroad— company, may do such work of restoration at the expensed of the city+ . In the . event of the performanco of too 'restoratory workia this section montione+d, the Railroad Company shell in no moo' be liable to the City for any damagee sustained by the City on account thereof, and such performance shall in no manner prejudice or impair any right of action for damage. or otherwise that the Railroad Company may have ,against the City, SeCtioh ll. WAIVER 4F SR ACR. The waiver by the Railroad Company of the breath of any condition, ei covenant or agreement hera contained to be Dept,, observed and performed by the City shall in no way imp- pair the right of the Railroad Company to avail itself of. any subsequent breach thereof. Sodtion 12. AQREZKMT NOT To RE ASSXG-M, The City shah: not assign this agreement, or any :interest therein, without the written,consent of the Railroad Company. section 13. EFFECTIVE DATE TERK* This agreement shall take effect as of the. date first herein written and shall- continue in Ball force and effect until terminated as herein provided. Section 14. SUCCESSOR$ AND ASSIGNS. Subject to the provisions of Section 12 hereof, this agreement shell be binding upon and inure to the benefit of the parties hereto, their suecessors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein *itten. Witness: 'AD COMPANY, 7-71 as. res xTY SALINA . /fir - Mayor Attests 2 C w4um the OXON PAWT R 0 C a and opea�� i "Ois =4 0 Works **4 a*d oma* r of G 17" 64 X0004-0 00tsion alis d - at ft -106' 844 0ait i;;;6; 04%P#A*#,t GOA. -0. No LU WHEREAS, the Council. of the City of has said proposed agreement bbefore it and has g ven it careful review and consideration; and WHEREAS,.it is considered that the best interests of said City of"will be subserved•by the acc p anc'd o sai agreement; THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF" S AI.• aiih, Of- Aft� That thj term§ of the agrigement $ubmitteg by the Union Pacific Rai roadommppany as oresaici be, an the same are hereby, accepted in behalf of said City; Th t he. Ma r of said Cit hereby authoriized empowered an� d�rectc� to execute syaid� agreement on behalf of said City and that the City Clerk of said City is hereby author'z A d--directedd t a test said agreement andd tto attach to eaci duprlcate original or said agreement a certified copy of this reso ution. STATE OF _ ) ss COUNTY OF , ' City Clerk of the City. of ' ..,hereby certi- fy..that e a ve an Foregoing 'is a rue u and correct copy of a resolution adopted by the Council o the City of 0 �' at a meeting held according to law at , on the 1 _ day of as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this. -..T..: day of 194*0 (Seal) ty.Ierk qf. the 1 y O N 4 1 K V 9f bz } • t 1661.6' To N. L.Srac _,. 4, T. 15 S. R.3 W. x „, a' 3 ° Ale- 0% ( � a ' s /t "Y� - k 5 r Jos It 1 t"- .ne/.a. ... .�-.•w _ i i" „• _..�r(j:...m,.,, i ''� R. 9 ii 2 _ i'ti 400 r � ,�-� ti....�c.� Mg � 1 .✓1� .a i' ~� �� �;..a � .. „...a„a�.,�.M....,., £ 2 t , d ;l '. •, ii '. .• '� - ' � 4�.j�}��8� Y2� ka�l}.,'�Y` Exh ib it "A" UNION PACIFIC RAILROAD COMPANY M.P.8o41 near MENTOR,SALINE CO.,KS. To accompany agreement with CITY OF SALINA covering easement for construction & maintenance of prop. levee & channel work. Scale: 111 = 501 Office of Division Engineer Kansas City, Missouri F' February 99 1960 - * L E G E N D - Easement outlined .......... YELLOW �,, RR R/W.....................®..RED C h ,f .. , ► . ....�......,� h L ') 7eiephonre Line- Chonne ` i n w Jw �® i o k M.P. 187.36 Exhibit ":B" UNION PACIFIC RAILROAD COMPANY SALINA,SALINE COUNTY, KANSAS To accompany agreement with CITY OF SALINA covering easement for construction & maintenance of prop. levee and channel work. Scale: 11" m 1000 Office of Division Engineer Kansas City Missouri February A, 1960 * L E G E N D Easement outlined ....... YELLOW RR R/W outlined ............ RED 0 wa � I N C h ,f .. , ► . ....�......,� h L ') 7eiephonre Line- Chonne ` i n w Jw �® i o k M.P. 187.36 Exhibit ":B" UNION PACIFIC RAILROAD COMPANY SALINA,SALINE COUNTY, KANSAS To accompany agreement with CITY OF SALINA covering easement for construction & maintenance of prop. levee and channel work. Scale: 11" m 1000 Office of Division Engineer Kansas City Missouri February A, 1960 * L E G E N D Easement outlined ....... YELLOW RR R/W outlined ............ RED if M � �L7 41 Se-c.2,Ti4S:E3sWI I 'dt641. All w A� gg Jj� AV5 C4 1 pia IF j f¢j %0v"v A, fly lit "C ION PACIFIC 4 COMPANY G M.P. 1.16 near SALIVA,, SALIM Wo accompany a* r�,' �t h €. eov r easeNor ment rue 4k maIntelman" on ' a Off co of D er is ion Zngi neer Kansas City Missouri E brr; lfl , r RR R/W outlined...«...».... F mmiT D • For Attachment to C. D. No. 41132 -IQ SM14DARD PROVISIONS. FOR GENERAL LIABILITY POLICIES RAILROAD PROTECTIVE LIABILITY FORM (State or Federal Highway Projects) Including Instructions for Preparation of Policies by Companies AAR Stencil 2%%5$ Draft STL=RD PROVISIONS FOR GENERAL LIABILITY POLICIES Railroad Protective Liability Form (State or Federal Highway Projects) GENERAL INSTRUCTIONS 1. Standard Language This form is expressed in standard language which may not be amended and no part .of which may be omitted except (a) as indicated by these instructions, or (b) as indicated in reference notes shown below referring to specific portions of the form, or (c) by an endorsement which states an amendment or exclusion of some.pro— vision of the form in accordance with the provisions of a manual rule, the form of which endorsement has been approved, if'required, by the supervising authority of the state in which the policy is issued. 2. Optional Sequence and Arrangement The several parts of the form, viz. "Insuring Agreement," "Exclusions," "Con— ditions" and "Declarations" may appear in the policy in such sequence as the com.- pwV may elect and the sequence and arrangement of the several provisions of those parts are also optional with the company. 3. Descriptive Headings..Identifying or Indexing Designations The descriptive headings of the parts of the form (as quoted above) and of the major insuring agreements ("Bodily Injury Liability," "Property Damage Liability," etc.) are standard expressions which may not be amended or omitted, but all other identifying or indexing designations (such as "Coverage A," "Defense, Settlement, Supplementary Payments," "Cancelation," etc.), including literal or numerical des— ignations of paragraphs or phrases, may be amended or omitted at the companyts op— tion, When such identifying or indexing designations, used for the purpose of reference in the text of the form or any endorsement fd= :applicable thereto, are amended or omitted, descriptive designations shall be substituted therefor. A. Additional Coverages or Companies, Explanatory or Connective Language When policies are issued to provide insurance in this form together with in— surance covering other risks, the addition of necessary explanatory or connective language which does not amend the expression of this form is permissible and the introductory language of the "Insuring Agreements" which provides for the issuance of a policy by.two companies may be used and, if necedsary, paraphrased to permit such policies to be issued by more than two companies, 5, Declarations Including Other Risks A common set of declarations may be used in those cases where policies in this form are issued with policies covering other risks. "ii. Installment Premium Payment Policies written to provide for payment of premium in installments may provide for lapse or suspension of the policy upon default of payment when due. AAR Stencil # Not applicable in Texas 2T3Ataft 79 Addition of Coverage by Endorsement When insuring agreements and other provisions relating to any particular class of insurance are added to this policy by endorsement.. such additional insurance must be expressed in approved standard language relating to the particular class and must be subject to all standard provisions applicable to that class by the expressions of the endorsement or of the policy or of both taken together. 8. Definition of "Standard" and "Approved" "Standard language" or "approved standard language" when used in these instruo-- tions means the form and endorsements either prescribed or approved by the insur- ance supervising authority of the state in which policy forms and endorsements are approved or pr3scribed„ In thoso states where supervising authorities do not have the -authority to approve or prescribe policies, forms and endorsements,, the terms mean the forms and endorsements adopted by the companies for use in such states. 9. Premium Statement The statement with respect to payment of premium may be amended by an endorse- ment to make necessary provision with respect to payment of premium., payment of additional premium and return of premium Land dividends]* under the policy. 10. Special Conditions for Mutualsp Reciprocals and Participating Stock Companies When the policy is issued by a mutual company# a reciprocal association or a participating stock company having special provisions applicable to its membership or policyholders., such provisions$ when approved by the supervising authority of the state in which the policy is issued if such approval is required.. may be in- serted in the policy. See General 7AAR Stencil 114102-5 10. 114102-5 2 2/3/58 Drw:i.`t REFERENCE NOTES It -fitter in brackets may be includedv omitted or amended at the option of the company. 2 -The effective hour and date of the policy may be typed or printed in this space. 3--+A statement may be added that s definite notation may be made in the premium column to shoat that a particular coverage is not afforded, lir--Name of company may be shown, 5 --The capacity of the person countersigning may be stated. 6. -Additional declarations of this type, calling for general information or in- formation regarding installment payment of premium.9 may be used at the option of the compar3y. 7 --The name and location of the company are to be stated. The type of the company and the word used throughout the policy suitably to designate the company are to be stated. 8--The.language of this paragraph is optional with the company. AAR Stencil 114102-6 3 2/3/58 Draft BLANK I1IDEMNITY COMPANY BIANK INSURANCE COMPANY Railroad Protective Liability Policy No. DECLARATI011S -(State or Federal Highway Projects) Item l,. Named Insured Address (110. Street Town Cor Cityq 1 County State Item 2. Policy Period: From (See Reference Note 2) to 12:01 A.M.# standard time at the designated job site as stated herein Item 3. The insurance afforded is only with respect to such of the following coverages as are indicated Dn- Item 611 by specific premium charge or charges. The limit of the company's liability against such coverage or coverages shall be as stated herein., subject to all the terms of this policy having reference thereto. (See Reference Note 3. ) Blank lodemnity 4 OCMPWV. A Bodily Injury Liability $200, each persm $400,300 each occurrencer Blank " B Property Damage Liability lasurance /+ each occurrenco $200,000 aggregate Pang , Cand Physical Damage to Property Item 40 Ftem 5. Name and!Address of Contractor Name and'Address of Governmental Authority for whom the work by the contractor is being performed A�A�R.�Stencil '�► l� Draft ! _ _ „M Item 6, Designation of the Job Site and Bases Description of Work Contract Cost Rentao, lam: Advance Rates Premiums P� m3.u� Com_ A Coverages B & C Coverage A Coverages B&C Per $100 of Cost Per $100 of Rental Cost Tf Pblicy Period more than one year: Premium is payables On effective date of Policy 1st Anniversary $ 2nd Anniversary 1 CDate and Place of Issue Oountersig 19 at 11 by Renewal of policy number. B. The. named insured is"a Corporation. See Reference Note 5, C. Endorsement serial numbers. - 6. D. Rating plan or premium discount. AAR Stencil 3-14102-8 5 2/3/58 Draft A., (I'or policy issued by one compo y) BLANK C.0�IPM comparrp herein called the comipany)' 7 Agrees with the insured., named in the declarations made a part hereof,. in consider— ation of the payment of the premium and in reliance upon the statements in the declarations made by the named insured and subject to all of the terms of this policy: (For policy issued by two companies) BUR IWERMY CON. ITY and BLANK INSURANCE CoITANY insurance company herein called the comparW) 7' Severally agree with the insured, named in the declarations made a part hereof., in consideration of the payment of the premium and in reliance upon the statements in the declarations made by the named insured and subject to all of the terms of this policy., provided the Blank Indemnity Company shall be the insurer with respect to coverage and no other and the Blank Insurance Company shall be the insurer w•th respect to coverage and no others JWURING AGREEMERTS I. Coverage A Bodily JJury I3ability To pay on behalf of the insured all sums which the insured shall be. come legally obligated to pay as damages because of bodily injury.4 sickness or disease.. including death at any time resulting therefrom., hereinafter called "bodily injury".t either (1) sustained by any person arising out of acts or omissions at the designated job site which are related to or are in connection with the work described in Item 6 of the declarations or (2) sustained at the designated job site by the contractor or any employee'of the contractor or by any designated employee of the insured whether or not arising out of such acts or omissions, Coverage B — ProPe= Damage Liability To pay on behalf of the insured all sums which the insured shall be. come legally obligated to pay as damages because of physical injury to or destruction of property including loss of use of any property due to such injury or destructions Aereinafter called "property damage",9 arising out of acts or omissions at the designated job site which are related to or are in connection with the work described in Item 6 of the declarations. . Coverage C — Physical Damage to Propel To pay for direct and accidental loss of or damage to rolling stock and their contents mechanIcal construction equipments or motive r equipment., hereinafter led loss, arising out of acts or omissiponsoweat the designated job site which are related to or are in connection with the work described in Item 6 of the declarations• provided such property Is owned by the named insured or is leased or entrusted to the named insured under a lease or trust agreement. AAR Stencil 6 .. 2 Draft no DePti02 (a) The unqualified word "insured" includes the named insured and RMC— ludes any executive officerp director or stockholder thereof while acting within the scope of his duties as such. (b) Cont�tar — The word "contractor" means the contractor designated in Item k of the declarations and includes all subcontractors of said con— tractor but shall not include the named insured. (o) Designated employ ee of the insured — The words "designated employee of the insured" mean: f1� arw supervisory employee of the insured at the job site, 2any employee of the insured while operating., attached to or engaged on work trains or other railroad equipment at the Job site which are assigned exclusively to the contractor,, or (3) any employee of the insured. not urithin (ly or (2) who is spe— cifically loaned or assigned to the work of the contractor for prevention of accidents or protection of property., the cost of whose services is borne specifically by the contractor or by governmental authority. (d) Co_ ntractct •• The word "contract" means any.contract or agreement to carry a person or property for a consideration or any lease., trust or inter— change contract or agreement respecting motive power., rolling stock or mechanical construction equipment. III. Defense. Settleme`nt_,—Su_ppl_nt v ga�vments With respect to such insurance as is afforded by this policy under cover— ages A and B.. the company shall: (a) defend any suit against the insured alleging such bodily injury or prop— erty damage and seeking damages which are payable under the terms of this policy.. even if arty of the allegations of the suit are groundless., false or fraudulent; but the company may make such investigation and settle— ment of any claim or suit as it deems expedient; (b) psy., in addition to the applicable limits of liability: (1) all expenses incurred by the company,, all costs taxed against the insured in any such suit and all interest on the entire amount of arr judgment therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the com.-- panyts liability thereon; (2) premiums on appeal bonds required in any such suit., premiums on bonds to.release.attachments for an amount not in excess of the applicable limit of liability of this policy.. but without obli— gation to apply for or furnish any such bonds; (3) expenses incurred by the insured for such immediate medical and .surgical relief to others as shall be imperative at the time.of the occurrence; ALR, Stenon 2143.02-10 7 2/3/58 Draft (4) all reasonable expenses, other than loss of earnings., incurred by the insured at the company's request, N. Pblicy Period, Territory This policy applies only to occurrences and losses during; the policy period and within the United States of America.. its territories or posses sions., or -Canada, EXCLUS IOM This policy does not apply: (a) to liability assumed by the insured under any contract or agreement except a contract as defined herein; (b) to bodily injury or property damage caused intentionally by or at the direction of the insured; (c) to bodily .injury., property damage or loss which occurs after notifica tion to the named insured of the acceptance of the work by the govern- mental overnmental authority.. other than bodily injury., property dame -:e or loss resulting from the existence or removal of tools., uninstalled equip- ment and abandoned or unused materials; (d) under coverages A (1)., B and C, to bodily injury., property damage or loss, the sole proximate cause of which is an act or omission of any insured other than acts or omissions of any designated employee of any insured; -(e) under coverage A., to arty obligation for which the insured or any car- rier as his insurer may be held liable under any yorkments compensa.• tion., unemployment compensation or disability benefits law, or under any similar laws; provided that the Federal Employerst.Liability Act., U.S. Code (1946) Title 45, Sections 51-60, as amended, shall for the purposes of this insurance be deemed not to be any similar law; (f) under coverage B., to injury to or destruction of property (i.) owned by the named insured or (i.i) leased or entrusted to the named insured under a lease or trust agreement. 0 AAR Stencil 114102-11 2/3/58 Draft COM UM ,The conditions, except conditions 3, 4, 5, 6, 7, & 9, 10, 11 and 12, apply to all coverages, Conditions 3, 4, 5, 6, 71 8, 9, 100 11 and 12 apply only to the cover- age noted thereunder.3l .1, Premium The premium bases and rates for the hazards described in the deo— larations are stated therein, Premium bases and rates for hazards -not so described are those applicable in accordance with the manuals in use by the. company. The term "contrast cost" means the total cost of all work described in Item 6 of the declarations. . The term "rental cost" means the total cost to the contractor for rental of work trains or other railroad equipment, including the remuneration of all employees of the insured while operating, attached to or engaged thereon. The advance premium stated in the declarations is an estimated premium only. Upon termination of this policy the earned premium shall be computed in accordance with the companyls rules, rates, rating plans, premiums and minimum premiums appli— cable to this insurance. If the earned premium thus computed exceeds the estimated advance premium paid, the company shall look to the contractor specified in the declarations for any such excess; if less, the company shall return to the said contractor the unearned portion paid. In no event shall payment of premium be an obligation of the named insured. 2. Inspection The named insured shall make available to the company records of orma on relating to the subject matter of this insurance. The camps W shall be permitted to inspect all operations in Connection with the work described in Item 6 of the declarations. 3. T� is of Liability The.limit of bodily injury liability stated in the decla.- rations.as applicable to Reach person" is the limit of the Coverage A oompany's l.ia-bility for all damages, including damages for care and loss of services, arising out of bodily injury sustained by one person as the result of any one occurrence; the limit of such liability stated in the decl.a. rations as applicable to "each occurrence" is, subject to the above provision re— specting each person, the total limit of the companyls liability for all such damage arising out.of bodily injury sustained by two or more persons as the result of any one occurrencu, 4. Limits of T_sbilitg The limit of liability finder coverages B and C sta�ed in L veragas'�' z the decorations as applicable to 1"ch ; �ourrewe is the total IL -tit of the companyls liability for all damages and all loss tinder coverages B and C a•)mbined arising out of physical injury to de— struction or loss of a.11 prnT�.rty of one or more persons or organizations, including the loss of use of am proal,~�7)r c,tt; to such injury or destruction under covwage B. as the result of any a_:e occurrreri�:j. Subject to the above provision respecting "each occurrence", the limit of lia— bility under coverages B and C skated in the declaration as "aggragate" is -the total limit of the companyls liability for all damages and all loss under coverages B a4d C combined.arising out of_physical In m7 to destruction or loss of property, in— eluding Be loss of use of any property due �o such injury or destruction under ve�age 'Under coverage C. the limit of the companyls liability for loss shall not exceed the actual cash value of the prcperiy, or if the loss is of a part thereof the ae— tual cash value of such parts at time of loss.. nor what it would then cost to repair or'replace the property or such part thereof with other of like kind and quality. AAR Stencil 114102-a2 9 2/3/58 Draft n svve,ra_ b�,i, lit of Interests. The term "the insured" is used severally and not Coverages and ,B collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the companyts liability. 6, N, Qtice In the event of an occurrence or losss, written notice containing particulars sufficient to identify the insured and also reasonably obtainable `information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the insured to the company or any of its authorimod agents as soon as practicable. If claim is made or suit is brought against the insured, he shall immediately forward to the company every demand, notice, summons or other process received by him or his representative. 7. Assistance and Cooperation of the Insured The insured shall cooperate with the Coverages A and B company and, upon the companyis re» quest, attend hearings and trials and assist in making settlements., securing and giving -evidence, obtaining the attendance of witnesses and in the conduct of -suits. The insured shall not.. except at his own cost, voluntarily make any payments, assume any obligation or incur any expense other than for such Immediate medical and surgical relief to others as shall be imperative at the.time of accident. 8. Action A, ainst Comdr. fib action shall lie against the company unlesss, as a Coverages A and B condition precedent thereto, the insured shall have fully complied 17ith all the terms, of this policy, nor until the amount of the insuredts obligation to pay shall have been finally deter— mined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who'has secured such judgment or written agreement shall thereafter be entitled to"recover under this'policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under t'_,is policy to join the company as a party - to any action against the insured to determine the insured's liability. Bankruptcy or insolvency of the insured or of the insuredts estate shall not relieve the comm.. pany of any of its obligations hereunder. Coverage C No action shall lie against the company unless, as a condition precedent thereto, there shall have been full 'compliance with an the terms of this policy nor until thirty days after proof of loss is filed and the amount of loss is determined as provided in this policy. 9. InsuredIs Duties in Event of boss In the event of loss the insured shall: Coverage C (a) protect the property, whether or not the loss is covered by this policy, and any further loss due to the insuredts failure to protect shall not be recoverable under this policy; reasonable expenses incurred in afford— ing such. protection shall be deemed incurred at the companyto reauWt; .(b) file with the companys, as soon as practicable after loss, his sworn proof of loss in such form and including such information as the company may reasonably require and shall, upon the eompanyts requests exhibit the damaged property. A&R Stenoil 10 2/3/585Draft 10. rE sa If the insured and the company fail to agree as to the amount of Coverage C :goes# either may., within 60 days after proof of loss is filedt demand an appraisal of the loss. In such event the insured and the companyy shall each select a competent appraiser,, and the appraisers shall select a competent and disinterested umpire, The appraisers shall state separately the at`r- tual cash value and the amount of loss and failing to agree shall submit their dif— ferences to the umpire. An award in writing of any two shall determine the amount of loss. The insured and the company shall each pay his chom appraiser and shall bear equally,the.other expenses of the appraisal and umpire. The company, shall not be held to have waived any of its rights by any act re— lating to appraisal. 11. Payment of Loss The company may pay for the loss in money but there shall be Coverage C no abandonment of the damaged property to the company. 12. No Benefit to.Bailee. The insurance afforded by this policy shall not enure AP P PPP�PP�v�^ Coverage C. directly or indirectly to the benefit of any carrier or bailee., other than the named insured: liable for loss to the property. l3• Subrogation In the event of any payment under this policy' the company shall be subrogated to all the insured's rights.of reeovery.therefor against any person or organization and the insured shall execute and deliver instru— ments and papers and do whatever else is necessary.to secure such rights. The in— sured shall do nothing after loss to prejudice such rights. 140, Application of Insurance The insurance afforded by this policy is primary Yf��PA�I pPP insurance. 15. Three Year PolUy A'policy period of three years is comprised of three con— seeutive annual periods. Computation and adjustment of earnedremium shall be made at the end of each annual Period, Aggregate limits of liability as stated in.tris policy shall apply separatey to each annual period. 16. 2bggas Notice to any agent or knowledge possessed by any agent or by any other person shall, not effect a waiver or a change in any part of this policy or estopthe company from asserting any right under the terms of tlAs policy; nor shall he terms of this policy•be waived or changed., except by endorse— ment issued to form a part of this policy ' signed by. (here insert titles of authorized company o ficials or represen ves); provided;— however., changes may be made in the written'portion of the dee2arations-by (here insert titles of authorized company representatives w n a e such (here insert titles of authorized company repre— sentatives) or bye o Issued to form a part of this policy signed by such (here insert titles of authorized company representatives)Il, 17. Assignment Assignment of interest under this policy shall not bind the ccm— piny until its consent is endorsed hereon. 18. C-Emelation This.policy may be canceled by the named insured by mailing tion shall be effecthe Oompany written notice stat��-when thereafter the cance� • This policy may be canceled by the company by mailing to the named insured contractor and governmental authority at therespective.addresses shown in this poffcyy written notice stating when not less than thirty days there— after such cancelation shall be effective, The mailing of notice as aforesaid shall be sufficient proof of notice. The,effective date and hour of cancelation stated,in the notice shall become the end of the ppoolicy period. Delivery of such written no— tice either by the named insured or by the company shall'be equivalent to mailing. AAR Stencil IU102-14 21 2/3/58 Draft If the named insured cancels, earned premium'shall be computed in accordance with the customary short rate table and proceOure. If the company cancels' earned . premi:mi shall be computed pro rata, Premium adjustment may be made either at the time cancelation is effected or as soon as practicable after cancelation becomes. effectivep but payment or tender of unearned premium is not a condition of cancelation, 19. De-Clarations By acceptance of this policy the named insured agrees that such statements in the declarations as are made by him are his agree— ments and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance, (For policy issued by one company) In witness whereof, the Blank Indemnity Company has caused this policy to be signed Ixr its president and a secretary at . and counter— signed on the declarations page by,a duly authorized agent of the company. 10 (FACS 31M OF SIGNATURE) (FACSD= OF SIGNATURE) Secretary !resident (For policy issued by two companies) In witness whereofs, the Blank Indemnity Company has caused this policy, with sect to coverages and such other parts -of the policy as applicable thereto, to be signed by its president and a secretary at 10 and countersigned on the declarations page by a duly au_Wor•. agent of the company, (FACS Ihau OF SIGNATURE) (FACS:D= OF SIGNATURE) Secretary President In witness whereof, the Blank -Insurance Company has caused this policy, with ect to coverages and such other parts of the policy as applicable thereto, to be signed by its president and a secretary at �_ 10 i and countersigned on the declarations page by a duly author— agent of .the company. (FAC3IlME OF SIGNATURE) (FACS Ilt2I7,E OF SIGNATURE) , . Secretary President AAR Stencil 102-15 2 2%3% l 58 Draft