|
ATRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />to property, caused by the negligence of LICENSEE, or its directors, officers, employees or agents,
<br />in connection with this License Agreement or any breach of this License Agreement by
<br />LICENSEE or its officers, employees or agents.
<br />13.2 LICENSOR Indemnity of LICENSEE.
<br />Subject to the limitations of section 768.28, Florida Statutes and subsequent amendments
<br />thereto, LICENSOR shall indemnify, defend and hold harmless LICENSEE, its affiliates, and
<br />respective directors, officers, employees and agents against any claim, action, loss, damage, injury,
<br />liability, cost or expense, including, without limitation, reasonable attorneys' fees and court costs,
<br />arising out of injury to persons, including, without limitation, death or damage to property, caused
<br />by the negligence of LICENSOR, its directors, officers, employees or agents in connection with
<br />this License Agreement.
<br />13.3 Additional Remedies.
<br />The remedies in this Article XIII shall be in addition to any other remedy available under
<br />this License Agreement, or at law or equity, and shall survive the termination or expiration of this
<br />License Agreement, with respect to any circumstance or event occurring before such termination;
<br />provided however, under no circumstances shall LICENSOR be liable for damages of any kind or
<br />nature, other than personal injury or death, to LICENSEE, its successors, assigns or sub -licensees
<br />in excess of one year's License Fees due under or with respect to this License Agreement. This
<br />Section 13.3 shall not be deemed a waiver of the liability limitations of section 768.28, Florida
<br />Statutes.
<br />ARTICLE XIV
<br />INSURANCE
<br />14.1 LICENSOR understands that LICENSEE self -insures, and that LICENSEE has provided
<br />LICENSOR with a letter of such self-insurance. In the event that LICENSEE ceases to self -insure,
<br />then, during the Term:
<br />(a) LICENSEE shall procure and maintain, at LICENSEE's sole cost and expense,
<br />commercial general liability insurance providing coverage which protects LICENSEE and
<br />LICENSOR from and against any and all claims and liabilities for bodily injury, death and property
<br />damage arising from operations, premises liability, and fire with respect to the Substation. Such
<br />insurance shall provide minimum coverage of $1,000,000.00 per occurrence and $2,000,000.00
<br />aggregate. LICENSEE shall be and remain liable for and pay all deductibles and other amounts
<br />not covered, paid or reimbursed under the insurance policies.
<br />(b) LICENSEE shall procure and maintain, at LICENSEE's sole cost and expense,
<br />workers' compensation insurance and employers' liability insurance with coverage amounts with
<br />a limit of (i) One Million Dollars ($1,000,000) for bodily injury per accident, (ii) One Million
<br />Dollars ($1,000,000) for bodily injury by disease per policy and (iii) One Million Dollars
<br />($1,000,000) for bodily injury by disease per employee .
<br />(c) The certificates of insurance required herein for commercial general liability
<br />insurance, including, without limitation, all renewals, shall include LICENSOR as an additional
<br />-10-
<br />116402757.1
<br />
|