Common use of Developer and Connecting Clause in Contracts

Developer and Connecting. Transmission Owner agree to report to each other in writing as soon as practical all accidents or occurrences resulting in injuries to -38 SERVICE AGREEMENT NO. 2217 any person, including death, and any property damage arising out of this Agreement. Contractors’ Insurance. Each party will require their Contractors of every level to: procure and maintain the following insurance at its own expense until completion and acceptance of performance hereunder, and thereafter to the extent stated below, with at least the monetary limits specified. The insurance shall be in policy forms which contain an "occurrence" and not a "claims made" determinant of coverage and shall be placed with insurance companies acceptable to the Developer. A. Employment related insurance. (a) Workers' Compensation Insurance as required by law. (b) Employer's Liability Insurance, including accidents (with a limit of $1,000,000 per accident) and occupation diseases (with a limit of $1,000,000 per employee). (c) Where applicable, insurance required by the United States Longshoremen's and harbor Workers' Act, the Federal Employers' Liability Act, and the Xxxxx Act. B. Commercial General Liability Insurance, including Contractual Liability, with limits of not less than $5,000,000 per occurrence for bodily injury or death and $1,000,000 per occurrence for property damage or a combined single limit of $5,000,000 per occurrence and, for at least one year after completion of performance hereunder, Products/Completed Operations Liability Insurance with similar but separate and independent limits. Every contractor will be responsible for their policies’ deductibles. The insurance shall contain no exclusions for explosion, collapse of a building or structure, or underground hazards. The insurance policy or policies shall name Connecting Transmission Owner and Developer as an additional insured. And their insurance will be primary and non-contributory to any other insurance available to the Additional Insured. There shall be no exclusion for claims by Contractor employees against Connecting Transmission Owner or Developer based on injury to Contractor’s employees. C. Commercial Automobile Liability Insurance, covering all owned, non- owned and hired automobiles used by the contractor or any subcontractors, with limits of $1,000,000 each accident for bodily injury or death and property damage. -39 SERVICE AGREEMENT NO. 2217 D. Where the Work involves the use of aircraft, Aircraft Liability Insurance, covering all owned, non-owned and hired aircraft, including helicopters, used by Contractor or any Subcontractors, with a combined single limit of not less than $5,000,000 for bodily injury or death and property damage. The insurance policy shall name both Connecting Transmission Owner and Developer as an additional insured for the full policy limits insured. Contractor will provide Developer with at least ten days' written notice prior to the effective date of any cancellation of the insurance or of any changes in policy limits or scope of coverage. At least three days prior to commencing work at the site, Contractor shall furnish Developer with Certificate(s) of Insurance covering all required insurance and signed by the insurer or its authorized representative certifying that the required insurance has been obtained. Such certificates shall state that the policies have been issued and are effective, show their expiration dates, and state that Developer is an additional insured with respect to all coverages enumerated in paragraphs B, D and E above. Developer shall have the right to require Contractor to furnish Developer, upon request, with a copy of the insurance policy or policies required under paragraphs A, C, and D hereunder. Contractor agrees that this is an insured contract. The insurance required herein is intended to cover Developer for its own liability for negligence or any other cause of action in any claim or lawsuit for bodily injury or property damage arising out of the work performed pursuant to this Agreement.

Developer and Connecting. Transmission Owner agree to report to each other in writing as soon as practical all accidents or occurrences resulting in injuries to -38 SERVICE AGREEMENT NO. 2217 2515 any person, including death, and any property damage arising out of this Agreement. Contractors’ Insurance. Each party will require their Contractors of every level to: procure and maintain the following insurance at its own expense until completion and acceptance of performance hereunder, and thereafter to the extent stated below, with at least the monetary limits specified. The insurance shall be in policy forms which contain an "occurrence" and not a "claims made" determinant of coverage and shall be placed with insurance companies acceptable to the DeveloperConnecting Transmission Owner. A. Employment related insurance. (a) Workers' Compensation Insurance as required by law. (b) Employer's Liability Insurance, including accidents (with a limit of $1,000,000 per accident) and occupation diseases (with a limit of $1,000,000 per employee). (c) Where applicable, insurance required by the United States Longshoremen's and harbor Workers' Act, the Federal Employers' Liability Act, and the Xxxxx Act. B. Commercial General Liability Insurance, including Contractual Liability, with limits of not less than $5,000,000 per occurrence for bodily injury or death and $1,000,000 per occurrence for property damage or a combined single limit of $5,000,000 per occurrence and, for at least one year after completion of performance hereunder, Products/Completed Operations Liability Insurance with similar but separate and independent limits. Every contractor will be responsible for their policies’ deductibles. The insurance shall contain no exclusions for explosion, collapse of a building or structure, or underground hazards. The insurance policy or policies shall name Connecting Transmission Owner and Developer as an additional insured. And their insurance will be primary and non-contributory to any other insurance available to the Additional Insured. There shall be no exclusion for claims by Contractor employees against Connecting Transmission Owner or Developer based on injury to Contractor’s employees. C. Commercial Automobile Liability Insurance, covering all owned, non- owned and hired automobiles used by the contractor or any subcontractors, with limits of $1,000,000 each accident for bodily injury or death and property damage. -39 SERVICE AGREEMENT NO. 2217 D. Where the Work involves the use of aircraft, Aircraft Liability Insurance, covering all owned, non-owned and hired aircraft, including helicopters, used by Contractor or any Subcontractors, with a combined single limit of not less than $5,000,000 for bodily injury or death and property damage. The insurance policy shall name both Connecting Transmission Owner and Developer as an additional insured for the full policy limits insured. Contractor will provide Developer with at least ten days' written notice prior to the effective date of any cancellation of the insurance or of any changes in policy limits or scope of coverage. At least three days prior to commencing work at the site, Contractor shall furnish Developer with Certificate(s) of Insurance covering all required insurance and signed by the insurer or its authorized representative certifying that the required insurance has been obtained. Such certificates shall state that the policies have been issued and are effective, show their expiration dates, and state that Developer is an additional insured with respect to all coverages enumerated in paragraphs B, D and E above. Developer shall have the right to require Contractor to furnish Developer, upon request, with a copy of the insurance policy or policies required under paragraphs A, C, and D hereunder. Contractor agrees that this is an insured contract. The insurance required herein is intended to cover Developer for its own liability for negligence or any other cause of action in any claim or lawsuit for bodily injury or property damage arising out of the work performed pursuant to this Agreement.