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12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject
<br />to the limitations contained in Section 768.28, Florida Statutes, if applicable, to indemnify and save harmless
<br />Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees
<br />(collectively, the "FPL Entities"), from all liability, loss, cost, and expense, including attorneys' and
<br />paralegals' fees and court costs at all trial and appellate levels, which may be sustained by FPL Entities to any
<br />person, natural or artificial, by reason of the death of or injury to any person or damage to any property, arising
<br />out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees;
<br />and Licensee agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to
<br />defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action
<br />instituted against FPL Entities, for the imposition of such liability, loss, cost and expense.
<br />13. Licensee shall, and shall cause each of Licensee's contractors and subcontractors
<br />performing work in connection with the project during the period of this Agreement, to procure and
<br />maintain at Licensee's and such contractors' and subcontractors' sole expense, the following minimum
<br />insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide (i) General
<br />Liability insurance with limits of $3,000,000 for bodily injury or death of person(s) and property damage
<br />per occurrence, which shall insure against obligations assumed by Licensee in indemnity provision set forth
<br />in Section 12 above, (ii) Workers' Compensation Insurance for statutory obligations imposed by applicable
<br />laws, (iii) Employers' Liability Insurance with limits of $1,000,000 for bodily injury per accident, by
<br />disease per policy and disease per employee and, (iv) Automobile Liability Insurance which shall apply to
<br />all owned, non -owned, leased and hired automobiles with limits of $1,000,000 combined single limit.
<br />Except for the Workers' Compensation Insurance, License shall name Company as an additional insured
<br />and provide for a waiver or subrogation in favor of Company. Upon execution of this Agreement, License
<br />shall provide evidence of the required insurance coverage in the form of an ACORD certificate to Company
<br />evidencing that said policy of insurance is in force and will not be cancelled or non -renewed so as to affect
<br />the interests of Company until thirty (30) days written notice has been furnished to Company. Upon request,
<br />copies of policies will be furnished to Company by Licensee. Licensee understands and agrees that the use
<br />of the Lands for the purposes described herein is expressly contingent upon acceptance and compliance
<br />with the provisions contained herein.
<br />Licensee shall be responsible for managing and administering all insurance policies required hereunder,
<br />including the payment of all deductibles and self-insured retention amounts, the filing of all claims and the
<br />taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or
<br />entity. Licensee shall at all times keep Company informed of the filing and progress of any claim. If
<br />Licensee shall fail to perform these responsibilities, Company may take such action as it determines
<br />appropriate under the circumstances. In the event Licensee collects proceeds on behalf of other persons or
<br />entities, it shall ensure that these are paid directly from the insurers to the relevant person or entity and, in
<br />the event that it receives any such proceeds, it shall, unless otherwise directed by Company, pay such
<br />proceed to such party forthwith and prior thereto, hold the same in trust for the recipient.
<br />Nothing in this Section shall be deemed to limit Licensee's liability under this Agreement regardless of the
<br />insurance coverages required hereunder. No limitation of liability provided to Licensee under this
<br />Agreement is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter,
<br />diminish, abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to
<br />Company under coverage required to be carried by Licensee under this Agreement, it being the intent of
<br />the parties that the full amount of insurance coverage bargained for be actually available notwithstanding
<br />any limitation of liability contained in this Agreement, if any. Company assumes no responsibility for the
<br />solvency of any insurer or the failure of any insurer to settle any claim. In the event that the Licensee self -
<br />insures, Licensee shall provide Company with a letter of self-insurance in form and substance satisfactory
<br />to Company's Risk Management Department. Licensee's contractors and sub -contractors may not self -
<br />insure. This Section shall survive the expiration or earlier termination of this Agreement
<br />Form 3740GROW Rev. 09/22/15
<br />Page 3 of 6
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