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yEBAG E C — (Contractors* Contractual Bodily Injury [Liability.) to pay on behalf of the Insured all sums which the Insured shall become obligated pay by reason of liability to any person or persons imposed upon Union Pacific Railroad Company and/or its affiliated companies by law for damages, including damages for care and loss of services, because of bodily injury, sickness, or disease (including death at any time resulting therefrom) sustained or incurred by any person or persons during the policy period and arising by reason of or in connection with performance by the Insured as a general contractor of business operations or work (whether or not described m said Declarations) for the Union Pacific Railroad Company and/or its affiliated companies, which liability has been imposed upon and assumed by the Insured under indemnity provisions in written contract with said Union Pacific Railroad Company and /or its affiliated companies. COVERAGE D — (Contractors’ Contractual Property Damage Inability.) to pay on behalf of the Insured all sums which the Insured shall become obligated to pay by reason of liability to alny person or persons imposed upon Union Pacific Railroad Company and /or its affiliated companies by law for damages because of in ju ry to or destruction of property, including the loss of use thereof, or b y reason of loss suffered by Union Pacific •Railroad Company and /or its affiliated companies because of injury to or destruction of its or their property (including property for which it or they have or may have assumed responsibility), including the loss of use thereof, provided that such liability or loss is caused by accident Recurring during the policy period aind arising by reason of or in connection with performance by the Insured as a general contractor of business operations or work (whether or not described in said Declarations) for the Union Pacific Railroad Company and/or its affiliated com­panies, and provided that liability therefor has been imposed upon and assumed by the Insured under indemnity provisions m written contract with said Union Pacific Railroad Company and/or its affiliated companies. S PE C IA L L IM IT A T IO N S O F COVERAGES C A N D D H ER EIN A B O VE . 9 I m Coverage C and Coverage D apply only with respect to the Insured named in the Declarations and only with relation to work performed by such Insured as a general contractor for and directly with Union Pacific Railroad Company and/or its affiliated companies. The insurance provided by Coverage D hereinabove shall Inot be construed to include property of Union Pacific Railroad Company and/or its affiliated companies when the injury to or destruction thereof is caused by the sole negligence of the Union Pacific Railroad Company and/or its affiliated companies, their officers, agents, or employees. The insurance provided by Coverage C hereunder shall not be construed to include any liability, loss, or damage caused by the sole negligence of Union Pacific Railroad Company and/or its affiliated companies, their officers, agents, or employees, provided, however, that this exclusion shall not be applicable with respect to the Insured or any of the employees of the Insured, any subcontractor of the Insured, any employees of any such subcontractor and any business invitee or liceinsee of the Insured or of any such subcontractor, and any business invitee or licensee of the Union Pacific Railroad Company and/or its affiliated companies. Nothing contained in this paragraph shall be construed as a limitation of insurance of any liability of the Insured’ to Union Pacific Railroad Company alnd /or its affiliated companies as to which said Insured is insured under the provisions of Coverage A and Coverage B. II. D E FE N SE , SET T L EM EN T , S U P P L E M E N T A R Y PAYM ENTS. It is further agreed that as respects insurance afforded by this policy the Company shall . . . „ , , . (a ) defend in the Insured’s name and behalf any suit against the Insured alleging such injury or destruction alnd seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the Company shall have the right to make any investigation, negotiation and settlement of any claim or suit as may be deemed expedient by the Company; „ ............. m §|p|§flH mmm (b ) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on 2 appeal bonds required in alny such defended suit, but without any obligation to apply for or furnish such bonds, all costs taxed against me Insured in any such suit, all expenses incurred by the Company, all interest accruing after entry of judgment until the Company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the Cmnpany’s liability thereon, and expenses jjjl incurred b y the Insured, in the event of bodily injury, sickness or disease, for such immediate medical and surgical relief to others as shall be imperative at the time of accident. The Company agrees to pay the amounts incurred under divisions (a ) and (b ) of this paragraph in addi­tion to the applicable limit of liability of this policy. I II. D E F IN IT IO N O F “ IN SU R ED .” H H H " • . _ .. . .. , . .. The unqualified word “Insured” wherever used includes not only the named insured but also any partner, executive officer or director thereof while acting within the scope of his duties as such. IV. F O L IC Y 'PE R IO D A N D LO CATIO NS A N D O PER ATIO N S COVERED. _ „ T I . . _ . . . This policy applies only to occurrences or accidents, as specified in the four divisions of Paragraph I of Insuring Agreements, which occur (a ) dur­ing the policy period and (b ) on or about the premises used or occupied by the Insured for the purpose of conducting the business _operations or work insured under this policy and to those occurring elsewhere if such injuries or loss are caused, or are alleged to have been caused *by reason of performance of the business operations or work insured under this ^policy. EXCLUSION S w ' T H IS P O L IC Y DOES NO T A P P L Y : (a ) to any liability, loss or damage resulting from the operation or owner­ship by the Insured of trains, cars, locomotives, or of any vehicles equipped for operation on tracks; but this exclusion shall not apply to contractors’ work trains operated elsewhere thain on the main line of any railroad and used solely to facilitate performance of the work insured under this policy. (b ) to any liability, loss or damage resulting from the operation by or for or ownership b y the Insured of (1) any aircraft or (2) any elevator, other than temporary construction hoists or such elevators as are used to facilitate performance of the work insured under this policy. (c ) under Coverage A and Coverage B, to any liability, loss or damage resulting from the ownership, operation, maintenance, use, loading or unloading by the Insured of any motor vehicle or watercraft or team elsewhere than upon the premises owned, leased or controlled by the Insured or which the Insured uses or occupies for the purpose of performing the business operations or work insured under this policy, but not upon public ways used in common with others. PR O VID ED , however, that self-propelled contractors’ equipment not designed for the carrying of persons, material or equipment shall not be deemed to be motor vehicles. (d ) to any liability, loss or diimagte as a Result of such bodily injury or of such injury to or destruction of property occurring after either the completion or abandonment by the Insured of said business oper­ations or work, if such liability, loss or damage occurs or arises thirty days or more after either completion or abandonment of such business operations or work. (e) to any liability, loss or damage because of injury to or destruction of property owned, rented or loaned to or leased by or in the care, custody or under the control of the Insured, but this exclusion shall not be construed as a limitation of insurance of any liability of the Insured to Union Pacific Railroad Company alnd /or its affiliated com­panies as to which said Insured is insured under the provisions of Coverage B and Coverage D. (f ) under Coverage A to any liability, loss or damage imposed upon or suffered by the Insured as an employer under any State or Federal Employers1 Liability Act, under common law, or under any W ork­men’s Compensation Law. CONDITIONS PR E M IU M . The premium bases and rates for the hazards described in the Declarations 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 premium stated in the Declarations is an estimated premium Silly. Upon termination, pf this policy, the earned premium shall be computed in accordance with the Company’s rules, rates, rating plans and minimum premiums applicable to this insurance. I f the earned premium thus computed exceeds the Advance Premium, if any, the Insured shall pay the excess to the Company ^ if less, the Company shall return to the Insured the unearned portion of such Advance Premium. When used as a premium basis the word “ remuneration” shall mean the entire remuneration earned during the policy .period by all employees of the Insured engaged in the performance of the business operations or work described in this policy, other than drivers and chauffeurs, subject with respect to each executive officer, to a maxi­mum and a minimum remuneration of $100 and $30 per week, and the remuneration of each proprietor at a fixed amount of $2,000 per annum. The Insured shall maintain for each hazard records of the informa­tion necessary for premium computation ota the basis stated in the . Declarations:., IN S P E C T IO N A N D A U D IT . The Company shall be permitted to inspect the premises and operations and to examine and audit the Insured’s books and records at any time during the policy period and any extension thereof alnd within one year after the final termination of this policy, as far as they relate to the premium bases of this policy. L IM IT S O F L IA B IL IT Y (COVERAGE A A N D COVERAGE C ). The limit of bodily injury liability stated in the Declarations as applicable to “Each Person” is the limit of the Company’s liability for all dam­ages, including damages for care and loss of services, arising out of bodily injury, sickness or disease (including death at any time result­ing therefrom) sustained by oine person in any one occurrence; the limit of such liability stated in the Declarations as applicable to Each Occurrence” is, subject to the above provision respecting each person, the total limit of the Company’s liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease (including death at any time resulting .therefrqm) sustained by two or more persons as a result of one occurrence, L IM IT S O F L IA B IL IT Y (COVERAGE B A N D COVERAGE D ). The limit of property damage liability stated in the Declarations as ap­plicable to “Each Accident” is the limit of the Company's profcdrty damage liability for all damages because of injury to or destruction of property, including the loss of use thereof, caused by one accident; the limit of property damage liability stated in the Declarations as “Aggregate” is the total limit of the Company’s property damage liability on account of all accidents which occur during the policy period. L IM IT S OF L IA B IL IT Y . The inclusion hereto of more than one insured shall not operate to increase the limits of the Company’s liability. „ .. . . • ‘ i , N O TICE O F A CCID ENT OR OCCURRENCE. In the event of. bodily injury, sickness, disease, death or injury to or destruction of prop­erty, written notice shall be given by or on behalf of the Insured to the Company as soon as it is reasonably possible to do so. Such notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information respecting the time, place and circumstances of the accident or occurrence,-.the names and addresses of the injured and of available witnesses. N O T IC E O F C LA IM OR SUIT. I f claim is made or suit is brought against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by the Insured or its representative. ASSISTANCE A N D COOPERATION O F T H E IN SU R ED . The In­sured shall cooperate with the Company and, upon the Company s request shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and to the conduct of suits; and the Company shall reim­burse the Insured for expenses, other than loss of earnings, incurred at the Company's request. The Insured shall not, except at its own cost, voluntarily make any payment, assume any obligation or incur any expelnse other than for such immediate medical and surgical relief to others as shall be imperative at the time of the accident or occurrence. 8. A C T IO N A G A IN ST COM PANY. N o action shall lie against the Com­pany unless, as a condition precedent thereto, the Insured shall have fully complied with all of the terms of this policy, nor until the amount of the Insured’s obligation to pay shall have been finally determined either by judgmeint against the Insured after actual trial or by writ­ten agreement of the Insured, the claimant, and the Company. Any person or his legal representative who has secured such judg­ment or written agreement shall thereafter be entitled to recover under the terms o f this policy in the same manner and to the same extent as the Insured. Nothing contained in this policy shall give any person or organiza­tion any right to join the Company as a co-defendant in any action against the Insured to determine the Insured’s liability. Bankruptcy or insolvency of the Insured shall not relieve the Com­pany of any of its obligations hereunder. I f any person or his legal representatives shall obtain final judgment against the Insured be­cause of alny such injuries, and execution thereon is returned unsatis­fied by reason of bankruptcy, insolvency or any other cause, or if such judgment is not satisfied within thirty days after it is rendered, then such person or his legal representatives may proceed against the Company to recover the amount of such judgment, either at law or in equity, but not exceeding the limit of this policy applicable thereto. 9. O T H E R IN SU R AN C E, (a ) Except as provided to (b ) of this Condi­tion, if the Insured has other insurance against a loss covered by this policy the Company shall not be liable under this policy for a greater proportion of such loss than the applicable limit of liability stated in the Declarations bears to the total applicable limit of liability of all valid and collectible’ insurance against such loss. (b ) W ith respect to motor vehicles, watercraft, or teams, in the event there shall be in effect alny other collectible insurance inuring to the benefit of the Insured, or any additional insured hereunder, with respect to loss or claim. covered hereby, then this insurance shall not be contributory therewith, but shall be excess insurance over and above the amount of any such other insurance. 10. SUBROGATION. In: the event of any payment under this policy the Company shall be subrogated to all the Insured’s rights of recovery therefor and the Insured shall execute all papers required and shall do everything that may be necessary to secure such rights. 11. CHANGES. N o notifee to anV agent, or knowledge possessed b y any agent or by any other person shall be held to effect a waiver or change in any part of this policy nor estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part hereof, signed by the President and Secretary of the Company. 12. ASSIG NM ENT. No assignment of interest under this policy shall bind the Company until its consent is endorsed hereon; if, however, the Insured shall die or be adjudged bankrupt or insolvent within the policy period, this policy, unless cancelled, shall, if written notice be given to the Company within thirty days after the -date of such death or adjudication, cover -the Insured’s legal representative as the Insured. 13. C A N C E LLA T IO N . This policy may be cancelled b y the named In­sured b y mailing written notice to the Company stating when there­after such cancellation shall be effective. This policy may be cancelled ? by the' Company by mailing written notice to the named Insured at the address shown in this policy stating when not less than thirty days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice and the insurance under this policy shall end on the effective date and hour of cancella­tion stated in the notice. Delivery of such written notice either by the named Insured or by the Company shall be equivalent to mailing. 14. D ECLAR ATIO NS. B y acceptance Of this policy the Insured agrees that the statements to the Declarations are the Insured’s agreements and representations, that this policy is issued in reliance upon the truth of such representation's, and that this policy embodies all agree- B ments existing between the Insured and the Company or any of its agents relating to this Insurance. 3 <351 * a E Its a° o H ® 3 <551 n a S S o * o»—owu, IOiOWU)»OM)lOtfKO<O(O<0<O<O<O{O(ONf*NNI^Nts t^t^ts 00fl0<O®<Ofi0W®< ^|00))o0 1h 0n)0o)02)!0! )20S)05)0: 2)02)20 ) O ) O O c s i m s ( 0 h u ) o u ) < C4 04 O O u ) O ) ( O ( O >cocococococoepcococo > H (0 O lA O )lO O ) n O O l E s ^ U M n v 'i , « > » w v i E H ^ ?) 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