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9.1.4 The Company does not maintain errors or omission coverage and is self funded for
<br />claims based on errors and omissions as well as business-related automobile insurance. Upon request by the
<br />Customer, the Company will provide the Customer with a copy of the financial statements of its parent company,
<br />FPL Group, Inc.
<br />The Company will endeavor, using its commercially reasonable efforts, to secure the General Commercial Liability
<br />Insurance coverage set forth in Section 9.1.2 above from its Subcontractors.
<br />9.2 Customer Insurance. During and throughout the term of this Master Agreement and until all
<br />amounts payable to the Company pursuant to this Master Agreement are paid in full, the Customer shall maintain, as
<br />of the date of installation of each ECO, (i) comprehensive property insurance, including all risk physical damage
<br />insurance, on each ECO with replacement cost coverage; and (ii) comprehensive liability insurance for bodily
<br />injury, death, and property damage in the amount of $1,000,000 with coverage in excess of the $100,000 or
<br />$200,000 waiver of sovereign immunity provided for in Section 768.28(5), Florida Statutes, and the indemnity
<br />obligation of Customer shall extend up to but shall not exceed the higher limits of such insurance. The Company
<br />shall be named as an additional insured and as a lost payee as it relates to Customer's comprehensive liability
<br />insurance policy up to the limits of the Customer's liability under Section 10.1.2 of this Master Agreement and
<br />policy shall be endorsed to be primary to any insurance maintained by the Company; provided, however, nothing
<br />herein shall be deemed to have waived any defense of sovereign immunity beyond what the Customer is permitted
<br />to assume in accordance with Section 768.28, Florida Statutes. The Customer shall provide the Company and its
<br />assignees with insurance certificates which provide evidence of the insurance coverage under this Master
<br />Agreement, in form and substance reasonably satisfactory to the Company and its assignees. Such certificates shall
<br />provide at least twenty (20) days prior written notice of cancellation or material change, with the exception of ten
<br />(10) days for nonpayment of premiums, to each additional insured and loss payee named therein.
<br />ARTICLE 10 - INDEMNIFICATION
<br />10.1 Personal Injury/Property Damage Indemnity Obligations.
<br />10.1.1 Company's Indemnity Obligation. The Company shall hold and save the Customer, and
<br />its respective officers and employees harmless against liabilities, damages, losses, and costs, including, but not
<br />limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
<br />conduct of Company and persons employed or utilized by the Company in the performance of the Services under
<br />this Master Agreement. Notwithstanding the foregoing, the Company's indemnification and hold harmless
<br />obligation under this Section 10.1.1 shall (i) be limited to Two Million Dollars ($2,000,000) per occurrence, and (ii)
<br />not include any liabilities, damages, losses, and costs arising from any negligent act, error or omission of the
<br />Customer, its employees or agents.
<br />10.1.2 Customer's Indemnity Obligation. The Customer agrees to be fully responsible and liable
<br />to the extent provided by Section 768.28, Fla. Stat., for the negligent acts or omissions of the Customer, its
<br />employees and agents and agrees to be liable for any damages proximately caused by said acts or omissions.
<br />Nothing herein is intended to serve as a waiver of the Customer's sovereign immunity. Nothing herein shall be
<br />construed as consent by the Customer to be sued by third parties in any manner arising out of this Master
<br />Agreement.
<br />10.2 Employee Claims. In any and all claims against a Party, its affiliates or contractors and their
<br />respective directors, partners, shareholders, officers, agents and employees (collectively, the "Indemnitee") by an
<br />employee of the other Party (the "Indemnitor") or of anyone directly or indirectly employed by any of them or
<br />anyone for whose acts any of them may be liable, the indemnification obligations stated in Section 10.1 shall not be
<br />limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
<br />the indemnifying Party under any applicable worker's compensation law, disability law, or other employee benefit
<br />law.
<br />10.3 Defense of Claims. An Indemnitor shall have the right to defend an Indemnitee by counsel
<br />(including insurance counsel) of Indemnitor's selection reasonably satisfactory to the Indemnitee, with respect to
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