$300,000.00 and a single occurrence limit of $200,000.00. The County shall be named as additional
<br />insured.
<br />b. Workers' Compensation: FPL shall ensure that any contractor or
<br />subcontractor providing labor pursuant to this Agreement shall maintain Workers Compensation in
<br />accordance with the laws of the State of Florida.
<br />C. Automobile Insurance: If applicable, FPL shall ensure that any contractor
<br />or subcontractor providing labor pursuant to this Agreement shall maintain Automobile Insurance
<br />in accordance with the laws of the State of Florida.
<br />The insurance carriers providing the coverage required by this Section shall be rated at least
<br />A- VII by A.M. Best. FPL shall deliver the Certificates of Insurance or a letter of self-insurance
<br />evidencing the foregoing policies to the County within 15 calendar days after written request. The
<br />Certificates or letter of self-insurance and the insurance policies required by this Section shall contain
<br />a provision that provides that the insurance coverage afforded under the policies will not be canceled
<br />or non -renewed until at least 30 days prior written notice has been given to the County, excluding
<br />workers' compensation and pollution legal liability. With the exception of the workers' compensation
<br />policy, the County and its shareholders, partners, officers, directors, divisions, subdivisions, affiliates,
<br />agents, employees, successors and assigns shall be shown as additional insureds under all of the
<br />insurance policies required by this Section. The policies required by this Section shall be primary and
<br />the insurance providers shall agree to waive their rights of subrogation against the County and its
<br />shareholders, partners, officers, directors, divisions, subdivisions, affiliates, agents, employees,
<br />successors and assigns, excluding pollution legal liability. FPL may meet the requirements in this
<br />Section using any combination of primary, umbrella/excess or self-insurance programs.
<br />4. Indemnity.
<br />a. To the extent allowed by law, the County agrees to hold harmless FPL from
<br />any liability which may arise from FPL's performance of the work described herein.
<br />b. FPL agrees to exercise the privileges granted under this Agreement at its own
<br />risk and to protect, defend, indemnify and save County harmless, from and against any and all claims,
<br />demands, damages, actions, causes of action, or suits relating to personal injury, death and/or property
<br />damage to the extent arising from FPL's, its employees' or contractors' use of, or activities upon, the
<br />Property, and except where caused by the negligence, omission or willful conduct of County. FPL's
<br />liability hereunder shall be limited to direct damages and shall exclude any other liability, including
<br />special, indirect, punitive or consequential damages in contract, tort, warranty, strict liability or
<br />otherwise.
<br />5. Termination. This Agreement may only be terminated by either party by providing
<br />ninety (90) days written notice to the other party at the address listed above.
<br />6. Notices. All notices that may or are required to be given by either party to the other
<br />hereunder shall be in writing, directed to such party at the address appearing on the first page of this
<br />Agreement and sent by United States certified mail, postage prepaid, or by overnight courier. Notices
<br />sent by overnight courier shall be deemed delivered on the date of delivery or rejection of delivery.
<br />Notices sent by United States certified mail, postage prepaid shall be deemed delivered three (3) days
<br />(Sundays and holidays excluded) following deposit in the Unites States mail.
<br />
|