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<br />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 will 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 directly 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., employees 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, and (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 Contractor 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 insuring 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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