2018-280 - Laserfiche WebLink

Home Browse Search

A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (c) Form. Licensee shall procure and maintain at its own expense the above minimum insurance coverage and shall provide evidence of the minimum insurance coverage by providing an ACORD or other Certificate of Insurance on forms and with insurance companies acceptable to the Risk Management Department of Florida Power & Light Company, before any work under the contract begins. (d) Self -Insurance. Notwithstanding the foregoing, Licensee at its option may self -insure the above insurance requirements after providing FPL with a written statement that Licensee intends to self -insure, together with a letter of assets, financial statements and any other documentation reasonably necessary to satisfy FPL that Licensee has the financial capability to self -insure. 6.5 Contractor Indemnification. Licensee further agrees to include, in substantially the following form, the following indemnification in all contracts with contractors who perform construction or maintenance work on or around the System: "The Contractor. hereby agrees to release, indemnify, defend, save and hold harmless Licensee and Florida Power & Light Company, its parent, subsidiaries, affiliates and their respective officers, directors and employees (hereafter referred to as the "FPL Entities") and other owners of equipment attached to the Pole from all claims, actions, causes of action, damages, demands, liabilities, costs and expenses, including attorney fees and court costs through any appellate process and administrative process, arising from or in connection with the performance of the described work by Contractor, its subcontractor, agents or employees, except to the extent a court of competent jurisdiction finally determines that any such bodily injury (including death) or property damage covered by this provision was caused by the gross negligence or willful, wanton or intentional misconduct of FPL, its employees, officers or directors. Contractor's indemnity per occurrence shall not exceed the sum of Three Million Dollars ($3,000,000.00) for claims arising from a single occurrence. If Contractor is insured for liability with limits in excess of Three Million Dollars ($3,000,000.00), Contractor's indemnity obligation shall extend up to but shall not exceed the higher limits of that insurance. The limits of Contractor's indemnity obligation under this section shall not apply to or limit Contractor's responsibility for attorneys' fees and costs. The selection of counsel by Contractor or by its insurer to represent and defend the FPL Entities shall be subject to the prior written approval of FPL which approval will not be unreasonably withheld. Contractor and/or its insurer shall not, without the prior written consent of FPL, which consent will not be unreasonably withheld, enter into the settlement or compromise of any claim brought against FPL which is the subject of indemnification under this Agreement." 6.6 Disclaimer of Warranties. Licensee covenants, represents and warrants that Licensee is solely responsible for making its own determination as to the suitability of FPL's Facilities (including poles) for Licensee's intended purpose. LICENSEE ACKNOWLEDGES THAT FPL HAS NOT MADE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR AT COMMON LAW OR OTHERWISE RELATING TO ANY DISTRIBUTION POLE OR OTHER FPL FACILITIES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF ANY POLE OR FPL FACILITIES AND ANY IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, ENVIRONMENTAL CONDITION, OR GEOLOGIC Confidential 15 Linear Facilities Attachment Agreement 116402702.1