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9.1.4 The Company does not maintain errors or omission coverage and is self funded for
<br /> claims based on errors and omissions as well as business-related automobile insurance. Upon request by the
<br /> Customer, the Company will provide the Customer with a copy of the financial statements of its parent company,
<br /> FPL Group,Inc.
<br /> The Company will endeavor,using its commercially reasonable efforts,to secure the General Commercial Liability
<br /> Insurance coverage set forth in Section 9.1.2 above from its Subcontractors.
<br /> 9.2 Customer Insurance. During and throughout the term of this Master Agreement and until all
<br /> amounts payable to the Company pursuant to this Master Agreement are paid in full,the Customer shall maintain,as
<br /> of the date of installation of each ECO, (i) comprehensive property insurance, including all risk physical damage
<br /> insurance, on each ECO with replacement cost coverage; and (ii) comprehensive liability insurance for bodily
<br /> injury, death, and property damage in the amount of $1,000,000 with coverage in excess of the $100,000 or
<br /> $200,000 waiver of sovereign immunity provided for in Section 768.28(5), Florida Statutes, and the indemnity
<br /> obligation of Customer shall extend up to but shall not exceed the higher limits of such insurance. The Company
<br /> shall be named as an additional insured and as a lost payee as it relates to Customer's comprehensive liability
<br /> insurance policy up to the limits of the Customer's liability under Section 10.1.2 of this Master Agreement and
<br /> policy shall be endorsed to be primary to any insurance maintained by the Company; provided, however, nothing
<br /> herein shall be deemed to have waived any defense of sovereign immunity beyond what the Customer is permitted
<br /> to assume in accordance with Section 768.28, Florida Statutes. The Customer shall provide the Company and its
<br /> assignees with insurance certificates which provide evidence of the insurance coverage under this Master
<br /> Agreement,in form and substance reasonably satisfactory to the Company and its assignees. Such certificates shall
<br /> provide at least twenty(20) days prior written notice of cancellation or material change, with the exception of ten
<br /> (10)days for nonpayment of premiums,to each additional insured and loss payee named therein.
<br /> ARTICLE 10-INDEMNIFICATION
<br /> 10.1 Personal Injury/Property Damage Indemnity Obligations.
<br /> 10.1.1 Company's Indemnity Obligation. The Company shall hold and save the Customer, and
<br /> its respective officers and employees harmless against liabilities, damages, losses, and costs, including, but not
<br /> limited to,reasonable attorneys'fees,to the extent caused by the negligence,recklessness,or intentionally wrongful
<br /> conduct of Company and persons employed or utilized by the Company in the performance of the Services under
<br /> this Master Agreement. Notwithstanding the foregoing, the Company's indemnification and hold harmless
<br /> obligation under this Section 10.1.1 shall(i)be limited to Two Million Dollars($2,000,000)per occurrence,and(ii)
<br /> not include any liabilities, damages, losses, and costs arising from any negligent act, error or omission of the
<br /> Customer,its employees or agents.
<br /> 10.1.2 Customer's Indemnity Obligation.The Customer agrees to be fully responsible and liable
<br /> to the extent provided by Section 768.28, Fla. Stat., for the negligent acts or omissions of the Customer, its
<br /> employees and agents and agrees to be liable for any damages proximately caused by said acts or omissions.
<br /> Nothing herein is intended to serve as a waiver of the Customer's sovereign immunity. Nothing herein shall be
<br /> construed as consent by the Customer to be sued by third parties in any manner arising out of this Master
<br /> Agreement.
<br /> 10.2 Employee Claims. In any and all claims against a Party, its affiliates or contractors and their
<br /> respective directors, partners, shareholders, officers, agents and employees (collectively, the "Indemnitee") by an
<br /> employee of the other Party (the "Indemnitor") or of anyone directly or indirectly employed by any of them or
<br /> anyone for whose acts any of them may be liable,the indemnification obligations stated in Section 10.1 shall not be
<br /> limited in any way by any limitation on the amount or type of damages,compensation or benefits payable by or for
<br /> the indemnifying Party under any applicable worker's compensation law, disability law, or other employee benefit
<br /> law.
<br /> 10.3 Defense of Claims. An Indemnitor shall have the right to defend an Indemnitee by counsel
<br /> (including insurance counsel) of Indemnitor's selection reasonably satisfactory to the Indemnitee, with respect to
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