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ORDER NO. PSC -2019 -0220 -TRF -EI <br />DOCKET NO. 20190034 -EI <br />PAGE 27 <br />FLORIDA POWER & LIGHT COMPANY <br />Attachment C <br />Page 9 of 11 <br />Original Sheet No. 9.828 <br />(Continued from Sheet No. 9.827) <br />(b) insurance to Be Maintained by the Customer. <br />i. The Customer, during and throughout the Term of this Agreement, shall, maintain, at its sok <br />cost and expense, with insurer(s) rated "A-, WI" or higher by A.M. Best's Key Rating <br />Guide, (i) commercial general liability policy with minimum limits of One Million <br />(51,000,000.00) Dollars per occurrence for bodily injury or death andior property damage, <br />(ii) automobile liability policy with minimum limits of One Million (51,000,000.00) Dollars <br />combined single limit for all owned, non -owned. leased and hired automobiles, (iii) umbrella <br />liability policy with minimum limits of Two Million ($2,000,000.00) Dollars per occurrence, <br />and (iv) workers' compensation insurance coverage as mandated by the applicable laws of <br />the State of Florida and Employers' Liability cover with limits of One Million <br />(S1,000,000.00) Dollars per accident, by disease and per policy and per employee. With <br />respect to insurance required in (i), (ii). and (iii) above, Customer shall name Company as an <br />additional insured and provide a waiver of subrogation in favor of Company. <br />ii. In the event Customer is subject to Section 728.28 Florida Statute, Customer acknowledges, <br />without waiving the right to sovereign immunity as provided by Section 768.28. Florida <br />Statutes, that Customer is self-insured for general liability under Florida sovereign immunity <br />statutes with coverage limits of Two Hundred Thousand (S200,000.00) Dollars per person <br />and Three Hundred Thousand ($300,000.00) Dollars per occurrence. or such monetary <br />waiver limits that may change and be set forth by the legislature. Customer shall also <br />maintain workers' compensation insurance in accordance with Chapter 440, Florida Statute. <br />Coverage shall also include Employers' Liability coverage with limits of One Million <br />(S1,000.000.00) Dollars per accident. <br />(c) Indemnity. The Customer shall indemnify, hold harm less and defend Company from and against any <br />and all liability, proceedings, suits, cost or expense for loss, damage or injury to persons or property <br />("Losses") to the extent arising out of, connected with, relating to or in any manner directly or <br />indirectly connected with this Agreement; provided, that nothing herein shall require Customer to <br />indemnify Company for Losses caused by Company's own. negligence, gross negligence or willful <br />misconduct. The provisions of this paragraph shall survive termination or expiration of this <br />Agreement. <br />19. Non -Waiver. The failure of either Party to insist upon the performance of any term or condition of this <br />Agreement or to exercise any right hereunder on one or more occasions shall not constitute a waiver or <br />relinquishment of its right to demand future performance of such term or condition, or to exercise such right in <br />the future. <br />20. Assignment. Neither this Agreement, nor the Service, nor any duty. interest or rights hereunder shall be <br />subcontracted, assigned, transferred, delegated or otherwise disposed of by Customer without Company's prior <br />written approval. Customer will provide written notice to Company of a prospective sale of the real property <br />upon which the Equipment is installed, at least thirty (30) days prior to the sale of such property. In the event of <br />the sale of the real property upon which the. Equipment is installed, subject to the obligations of this <br />Agreement including Section 7 (Customer Credit Requirements), the Customer has the option to purchase the <br />Equipment pursuant to Section 13(e) or this Agreement may be assigned by the Customer to the purchaser if <br />such obligations have been assumed by the purchaser and agreed to by the Customer and the Company in <br />writing. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the <br />Customer and Company. <br />(Continue on Sheet No. 9.829) <br />Issued by: Tiffany Cohen, Director, Rates and Tariff <br />Effective: <br />