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Under the statute, agencies may indemnify Brightline or FECR for liability, costs, and expenses arising from incidents involving the agency’s own passengers and invitees, “regardless of whether the loss… is caused in whole or in part, and to whatever nature or degree, by the fault… of such freight rail operator.” However, in the case of a “limited covered accident” — defined as a collision between trains caused by “willful misconduct” — any indemnity exceeding a $5 million “self-insurance retention amount” can only apply if the private operator also indemnifies the agency up to the same amount.
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