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including death, that may arise out of or be sustained as a result of the Relocation of FPL Facilities and ReplacementFPL Facilities and/orfuture relocation(s), unless such loss is caused solely and directly by the gross negligence of FPL. Notwithstanding the foregoing, this section 7.4 shall not be construed or interpreted as a waiver of Applicant's sovereign immunity and the limits established in Section 768.28, Florida Statutes, if applicable, nor shall this paragraph be construed or interpreted to impose contractual liabilityon Applicantbeyond the limits specified in Section 768.28, Florida Statutes, if applicable. 7.5 Insurance. If Applicant utilizes its own personnel in the construction or maintenance work around the FPL Facil ities, Applicant shall furnish FPL with evidence of insurance maintained by Applicant insuring FPL Entities from liabilities assumed under the above indemnification. Said insurance shall contain abroad form contractual en dorsemen tor, alternatively, Applicant shall cause FPL, its parent, subsidiaries and affiliates and their respective officers, directors and employees to be named as additional named insured on Applicant's comprehensivegeneral liability policy. Such liability coverage shall be primary to any liability coverage maintained by or on behalf of FPL up to the $3,000,000 limitof liability. In the eventthatthe policy is on a "claims made" basis, the retroactivedate of the policy shall be the effective date of this Agreementor such otherdateasto protectthe interestof FPLand thecoverage shall survivethe termination of this Agreement until the expirationof the maximum statutory periodof limitations in the State of Florida for actions based in contractor in tort (currently, five years). If coverage is on an "occurrence" basis, such in s uran ce shall be maintained by Applicantduringtheentireterm of this Agreement. The policyshall not be canceled or materially altered without at least thirty (30) days written notice to FPL. Applicantshall provide FPL with evidenceof such liability insurance coverage on the standard insurance industry form (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon reasonable request. 7.6 Contractor Indemnification. Applicantfurtheragreesto include the following indemnification in all contracts between Applicant and its general contractors who perform or are responsiblefor construction or maintenance work on or around the subject FPL Facilities: "The Contractor hereby agrees to release, indemnify, defend, save and hold harmless Applicant and FPL, its parent,subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands, liabilities and suits whetherornotdue to orcaused by negligence of Applicantor FPL for bodily injuries ordeath to person(s) or damage to property resulting in connection with the performance of the described work by Contractor, its subcontractor, agents or employees. This indemnification shall extend up to but shall not exceed the sum of $3,000,000 for bodily injury ordeath of person(s) or property dam age combined single limitand $5,000,OOOoccurrence aggregate. In the event the Contractor is insured for liability with limits in excess of these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded from and are in addition to the aforesaid limitation of Iiabilityfor injury, death and property damage." 7.7 Contractor Insurance and Notice. Applicant agrees to require its contractors to obtain insurance tocoverthe above i ndem nity and further agrees to verify with its contractors that such insurance is in f ul I force and effect. Applicant shall provide FPL's Risk Management Departmentwith notice of the name and address of Applicant's contractors as specified in Section 7.6 above, priorto the com mencementof the Relocation of FPL Facilities by FPL. 7.8 Modification or Termination of Agreement. This Agreement maybe modified, amended, orterm inated at anytime by written agreementof the Parties authorized and executed with the same formality as this Agreement. 7.9 Effect of Headings. The headings setforth herein are for convenience only and shall not be deemedto modifyor affectthe rights and obligations of the Parties to this Agreement. 7.10 FPL Consent to Relocations. FPL agrees to the Relocation of the FPL Facilities to the extent necessary to eliminate conflicts with Applicant's construction in accordance with the terms and conditions of this Agreement. Applicant. at no expense to FPL, shall m ake all necessary arrangements and agreements with any person o r e ntity w h i ch h a s facilities attached to the FPL poles forthe relocation of those facilities. 7.11 Notice. All notices or other communications to either Party by the others hall be made in writing and addressed as follows: Page 5 of 7