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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
<br /> 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
<br />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
<br />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
<br />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
<br /> Customer, its
<br /> employees and agents and agrees to be liable for any damages proximately caused by said acts or omissions
<br />.
<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
<br />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
<br /> Page 13 of 20 Rev 08/ 15/08
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