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of Company 'or any other corporation controlling, controlled by or under common contro mlth Company, lq.save Company or any other corporation controlllpg, ~O~trblledby orunde~.con~n~on'control with Cor~pany, wholly harmles'~ from and against all claims, damages, expenses and liability (whether or not such llab~llty has been judicially determlnedl For loss of life, personal injury or damage to,property'. ~e~ult ng fro~ or in aby manner attributabl~ Go the construction, maintenance, use, operation or presence of the Facility, or to the presence of the equipment or employees of Licensee, on Company's property. 6. (al During the period of'construction or any period of maintenan6e repair renewal, removal or relocation of the Facility Licensee shall In~ure the obligations assumed in Article $ ~n a manner and with a company satisfactory to Company and with a combined single )lmit (bodily Injury, death or property damage) bf not less than $2,000.000. (bi ~In the event a pipeline Involves hazardous.materials, Licensee shall' provide evldbnce of General Liability Insurance With a combined single )tmlt of not less than $2,000,000 throughout the term of the agreement. lc) If bn outside cJntractor Is to construct, malntaln~ repair, renew remove or relocate'said Facllltyoh Company's premises then LiCensee, in addition t6 the Ins~rahce provided' for I~:~ubsectlon (al hereof, shall require said contractor to furnish Company with a Railroad Protective Llab lily InsuranCe Policy oamlng Company as the' named~ln~u~ed and Issued to the'contractor, w th a combined single limit of $2,000,000 for'all damages arising out of bodily Injury, death, property damage liability and physical damage to property ]lability per occurrence with an aggregate limit of $6,000, D00. (d) Evidence of such insurance (Certificate of Insurance for the General Liability insurance policy and the original policy of Railroad Protectlv~ Liability. Insurance) nust be furnlshe¢ to and approved by the Director Insurance, Norfolk Southern Corporation, 8 rlorth Jefferson Street, Roanoke, VA 24042-0022, prior to occupancy of the Company's property or commencement of construction on Company's premises. 7. This agreement shall take effect as of the day i 19 ,and may be terminated by either party hereto at any time by 60 days' ~rltten notice to the other of such termination. EXECUTED in duplicate, each part being an original, as of the day of Ig . SC~JTHERN RAILWAY COHPAItY, CABARRUS COUNTY, North Carolina, Dy Dy Real Estate qanager. Title: J~A:~hs 8-29-88 79469 22708