4/21/1982 - Laserfiche WebLink

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APR 211992 that in consideration of $10 and other specific and mutually acknowledged benefits received each from the other, PUBLIC BODY shall indemnify, defend and hold harmless DEPARTMENT and FPL from and against any liabilities whatsoever, whether or not due to or caused by negligence of DEPARTMENT and FPL, including attorney fees, for injury to or death of`person(s) or property damage arising or resulting in connection with any activity performed by PUBLIC BODY personnel associated with said joint pole use under this agreement subject to the limitation set forth in Section 768.28(5), Florida Statues. If the PUBLIC BODY Has liability insurance as of the date of this agreement, or purchases said insurance at any time during the term of this agreement, such insurance shall be amended or endorsed so as to include FPL as an Additional Named Insured to protect the parties hereto against any and all claims, demands, actions, judgements, costs, expenses, and liabilities of every nature, including attorney defense fees which may result, directly or indirectly, under the terms of the above indemnification. The limit applying to this agreement shall equal the highest limit applicable to any other exposure covered under the policy. 8. The PUBLIC BODY agrees to include the following indemnification in all contracts with contractors who perform construction or maintenance work on all joint use poles: "The Contractor hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and any owner of equipment attached to or supported by a jointly used pole from all claims, demands, liabilities and suits whether or not due .to or caused by negligence.of the DEPARTMENT or joint pole equipment owners for bodily injuries or death to person(s) or damage to property resulting in connection with the performance of the described work by contractor, its sub- contractors, agents, or employees. This indemnification shall extend up to, but shall not exceed, the sum of - $1,000,000 for bodily injury or death of person(s) for any one occurrence and $300,000 for property damage for any one occurrence." 9. The PUBLIC BODY further agrees to require its contractor to furnish General Comprehensive Liability Insurance or its equivalent providing for a limit of not less than $1,000,000 for bodily injury or death to person(s) per occurrence and $300,000 property damage each occurrence. Said liability policy should be endorsed with a Broad Form Contractual Endorsement covering the above indemnification or the DEPARTMENT and owner are to be Additional Named Insured and the policy will be primary to any coverage maintained by the DEPARTMENT or owner. No materail change or cancellation will be made to the policy without ten (10) days written notice to .the DEPARTMENT. In addition, copies of the policies will be furnished to DEPARTMENT upon request. 10. The using party agrees to bear the cost of rearrangements of additional facilities -that may be necessary as a result of a prior agreement with the owner party and a third party for use of the owner party's poles, or because of the needs of owner party. In the alternative, the using party may discontinue use of said pole. -3-