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INDEMNITY OF FLORIDA EAST COAST RAILWAY, L . L . C .
<br /> AND INSURANCE REQUIREMENTS
<br /> The Contractor by execution and delivery hereof, agrees that it shall and ill at all times
<br /> hereafter indemnify, defend and save harmless the Florida East Coast Railway, L L. 0 from and
<br /> against all judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs")
<br /> which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the
<br /> operations of the Contractor, or any of the subcontractors, or both, whether direct l or indirectly
<br /> under, or pursuant to, this construction contract, including any such Costs arising from the death,
<br /> bodily injury or personal injury of, as follows :
<br /> Of any person, including without limitation upon the generality of the foregoing
<br /> description, employees and officers of Florida East Coast Railway, L . L. C . , e ployees and
<br /> officers of materialmen, employees and officers of the Contractor, employees and officers of all
<br /> subcontractors, and from loss damage, injury and loss of use of any real or personal property (a)
<br /> in which Florida East Coast Railway Company has any ownership interest, an (b) personal
<br /> property in the custody of Florida East Coast Railway Company under any transportation
<br /> contracts ; including without limitation upon the generality of the two foregoing enumerations, all
<br /> railroad equipment commonly described as rolling stock and the contents of the same .
<br /> In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall
<br /> procure and keep in effect comprehensive general liability insurance in the limits of
<br /> $ 5 , 000,000 . 00 each occurrence for bodily injury or death and $ 3 ,000,000 . 00 property damage
<br /> each occurrence with a $ 5 , 000, 000 aggregate covering all obligations of Contracto Lp to indemnify
<br /> the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives
<br /> removed . Alternatively, Contractor may procure and keep in effect during the life of this
<br /> construction contract, as aforesaid, Railroad Protective Liability Policies i nsuring the Railway
<br /> directly as insured against losses and damages with the limits specified in this paragraph.
<br /> In addition to the above, Contractor shall, at its cost and expenses , maintain a Workman ' s
<br /> Compensation Insurance Policy as required in the State of Florida.
<br /> All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form
<br /> satisfactory to Railway ' s Manager of Insurance and issued by a casualty company/insurance
<br /> company authorized to do business in the State of Florida that has a "Best ' s" rating of A or A+
<br /> and a financial category size of Class XII or higher.
<br /> EXHIBIT "D "
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