|
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 . C , or if
<br /> Contractor is a Government Entity, agrees to the extent permitted by law will indemnify, defend
<br /> and save harmless the Florida East Coast Railway, L . L. C . , from and against all judgments, and
<br /> all loss , claims, damages, costs , charges , and expenses ("Costs") which it may suffer, sustain, or
<br /> in anywise be subjected to on account of or occasioned by the operations of the Contractor, or
<br /> any of the subcontractors, or both, whether directly or indirectly under, or pursuant to , this
<br /> construction contract, including any such Costs arising from the death, bodily injury or personal
<br /> 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"
<br />
|