Final answer:
Herb's agreement with ABC Railway to not hold them liable for certain damages would be categorized under a Liability Exclusion Clause in his Commercial General Liability policy. Thus, the option 1 is the correct answer.
Step-by-step explanation:
The agreement between Herb and ABC Railway would likely fall under a Liability Exclusion Clause in Herb's Commercial General Liability policy. These clauses are designed to outline specific scenarios or risks that the insurance policy will not cover, essentially exempting the insurer from paying for certain liabilities. In this case, Herb is agreeing not to hold ABC Railway responsible for particular liabilities, which implies that his insurance policy has to account for this exemption. It's important for businesses to negotiate contracts carefully and understand how their liability insurance will interact with these agreements.