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ATRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />harmless FPL, its parent, subsidiaries, affiliates and their respective officers, directors, agents
<br />and employees (FPL Entities) from and against any and all claims and demands whatsoever
<br />including court costs and reasonable attorney's fees by reason of damage to property and injury
<br />or death to persons, including payments made under any Workers' Compensation Law or -under
<br />any plan for employees' disability and death benefits, which may arise out of or be caused, by
<br />Licensee's negligence resulting in connection with or by the erection, maintenance, presence,
<br />use, transfer or removal of Attachments. Such obligation to hold harmless and indemnify FPL
<br />shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be
<br />applicable.
<br />6.4 Insurance.
<br />(a) By Licensee. If Licensee utilizes its own personnel and automobile
<br />equipment in the performance of this Agreement, the following shall apply:
<br />Licensee shall obtain liability insurance as of the date of this Agreement and
<br />maintain during the term of this Agreement insurance which shall be amended or
<br />endorsed to include FPL, its parent, subsidiaries and affiliates and their respective
<br />officers, directors and employees as Additional Insureds to protect them against any
<br />and all claims, demands, actions, judgments, cost, expenses and liabilities of every
<br />nature, including attorney fees, which may result directly or indirectly under the terms
<br />of the above indemnification. The limit applying to this Agreement shall equal the
<br />highest limit applicable to any other exposure covered under the policy. The
<br />policy(ies) shall be endorsed to be primary to any insurance maintained by FPL, its
<br />parent, subsidiaries or affiliates. As a minimum, the coverages shall include the
<br />following:
<br />(i) Workers' Compensation Insurance for statutory obligations imposed
<br />by Workers' Compensation or Occupational Disease Laws, including, where
<br />applicable, the United States Longshoremen's and Harbor Workers' Act, the
<br />Federal Employers' Liability Act and Jones Act. Employers' Liability Insurance
<br />shall be provided with a limit of one million dollars ($1,000,000) per accident.
<br />(ii) Commercial General Liability Insurance, including Broad Form
<br />Contractual Liability, with the following minimum limits of liability; Bodily Injury
<br />Liability and Property Damage Liability- One million dollars ($1,000,000) combined
<br />single limit and three million dollars ($3,000,000) occurrence aggregate.
<br />(iii) Commercial Automobile Liability Insurance with the following limits
<br />of liability, which shall apply to all owned, non -owned, leased and hired
<br />automobiles used by Licensee in the performance of the Work: Bodily Injury
<br />Liability and Property Damage Liability - one million dollars ($1,000,000) combined
<br />single limit and three million dollars ($3,000,000) occurrence aggregate.
<br />(b) Duration. In the event that any policy furnished by Licensee provides for
<br />coverage on a "claims made" basis, the retroactive date of the policy shall be the same
<br />as the Effective Date. Furthermore, for all policies furnished on a "claims made basis,"
<br />Licensee's providing of such coverage shall survive the termination of this Agreement
<br />until the expiration of the maximum statutory period of limitations in the State of Florida
<br />for actions based in contract or in tort. If coverage is on an "occurrence" basis, such
<br />insurance shall be maintained by Licensee during the entire term of this Agreement.
<br />Confidential 14 Linear Facilities Attachment Agreement 116402702.1
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