Common use of Form of Contractor Insurance Policies Clause in Contracts

Form of Contractor Insurance Policies. (a) Each Contractor’s Insurance Policy shall be written on an occurrence basis. Subject to the limits and coverages specified in Section 9.01, Contractor shall name Owner, designated Affiliates of Owner and the Financing Parties (including their respective officers, directors and employees) as additional insureds on Contractor’s liability policies as required to be carried by Contractor by the provisions of Section 9.01 of this Agreement for liabilities of Contractor under this Agreement. Each insurance policy shall provide, either in its printed text or by endorsement, (i) that it shall be primary with respect to the interest of Owner, designated Affiliates of Owner and the Financing Parties (including their respective officers, directors and employees) and (ii) that any other insurance maintained by Owner, designated Affiliates of Owner or the Financing Parties is in excess and not contributory to the Contractor Insurance Policies in all instances regardless of any like insurance coverage that Owner, designated Affiliates of Owner and the Financing Parties may have. (b) Contractor shall require the issuers of the Commercial General Liability Insurance, Business Automobile Liability and Umbrella Excess Liability Insurance to amend such Contractor Insurance Policy to: (i) include Owner, designated Affiliates of Owner and the Financing Parties and their respective directors, officers and employees as additional insureds, (ii) include a waiver of all rights of subrogation against the Financing Parties, Owner and designated Affiliates of Owner and their respective directors, officers and employees, (iii) contain a severability of interest provision, (iv) provide that aggregate limits, if any, apply separately to each of the Contractor’s jobs or projects; (v) provide that none of the Financing Parties, Owner or designated Affiliates of Owner or their respective directors, officers or employees shall be liable for the payment of premiums under such policy, (vi) provide that complete copies of all inspection or other reports required or performed for the insurer shall be provided to both Owner and the Financing Parties within thirty (30) days of delivery to Contractor, (vii) provide that Owner and the Financing Parties must be given at least sixty (60) days’ prior written notice of any change in, non-renewal or cancellation of such coverages that are initiated by insurer, and (viii) provide that Owner and the Financing Parties must be given at least sixty (60) days’ prior written notice of any change in, non-renewal or cancellation of such coverages that are initiated by Contractor. (c) Contractor shall require the insurers of the Workers’ Compensation Insurance to amend such policy to: (i) include, unless prohibited by applicable law, a waiver of all rights of subrogation against the Financing Parties, Owner, designated Affiliates of Owner and their respective directors, officers and employees; (ii) provide that none of the Financing Parties, Owner, designated Affiliates of Owner or their respective directors, officers and employees shall be liable for the payment of the premium under such policy; (iii) provide that complete copies of all inspection or other reports required or performed for the insurer shall be provided to both Owner and the Financing Parties within thirty (30) days of delivery to the Contractor; (iv) provide that Owner and the Financing Parties must be given at least sixty (60) days’ written notice of any change in, non-renewal or cancellation of such coverage that is initiated by the insurer; and (v) provide that Owner and the Financing Parties must be given at least sixty (60) days’ prior written notice of any change in, non-renewal and cancellation of such coverage that is initiated by Contractor.

Form of Contractor Insurance Policies. (a) Each Contractor’s 's Insurance Policy shall be written on an occurrence basis. Subject to the limits and coverages specified in Section 9.01, Contractor shall name Owner, designated Affiliates of Owner and the Financing Parties (including their respective officers, directors and employees) as additional insureds on Contractor’s 's liability policies as required to be carried by Contractor by the provisions of Section 9.01 of this Agreement for liabilities of Contractor under this Agreement. Each insurance policy shall provide, either in its printed text or by endorsement, (ia) that it shall be primary with respect to the interest of Owner, designated Affiliates of Owner and the Financing Parties (including their respective officers, directors and employees) and (ii) that any other insurance maintained by Owner, designated Affiliates of Owner or the Financing Parties is in excess and not contributory to the Contractor Insurance Policies in all instances regardless of any like insurance coverage that Owner, designated Affiliates of Owner and the Financing Parties may have. (b) Contractor shall require the issuers of the Comprehensive or Commercial General Liability Insurance, Business Comprehensive Automobile Liability and Umbrella Excess Liability Insurance to amend such Contractor Insurance Policy to: (i) include Owner, designated Affiliates of Owner and the Financing Parties and their respective directors, officers and employees as additional insureds, (ii) include a waiver of all rights of subrogation against the Financing Parties, Owner and designated Affiliates of Owner and their respective directors, officers and employees, (iii) contain a severability of interest provision, (iv) provide that aggregate limits, if any, apply separately to each of the Contractor’s 's jobs or projects; (v) provide that none of the Financing Parties, Owner or designated Affiliates of Owner or their respective directors, officers or employees shall be liable for the payment of premiums under such policy, (vi) provide that complete copies of all inspection or other reports required or performed for the insurer shall be provided to both Owner and the Financing Parties within thirty (30) days of delivery to Contractor, (vii) provide that Owner and the Financing Parties must be given at least sixty (60) days’ ' prior written notice (and Contractor will use all reasonable efforts to require ninety (90) days' prior written notice) of any change in, non-renewal or cancellation of such coverages that are initiated by insurer, and (viii) provide that Owner and the Financing Parties must be given at least sixty (60) days’ ' prior written notice (and Contractor will use all reasonable efforts to require ninety (90) days' prior written notice) of any change in, non-renewal or cancellation of such coverages that are initiated by Contractor. (c) Contractor shall require the insurers of the Workers’ ' Compensation Insurance to amend such policy to: (i) include, unless prohibited by applicable law, include a waiver of all rights of subrogation against the Financing Parties, Owner, designated Affiliates of Owner and their respective directors, officers and employees; (ii) provide that none of the Financing Parties, Owner, designated Affiliates of Owner or their respective directors, officers and employees shall be liable for the payment of the premium under such policy; (iii) provide that complete copies of all inspection or other reports required or performed for the insurer shall be provided to both Owner and the Financing Parties within thirty (30) days of delivery to the Contractor; (iv) provide that Owner and the Financing Parties must be given at least sixty (60) days’ ' written notice (and Contractor shall use all reasonable efforts to require ninety (90) days' prior written notice) of any change in, non-non- renewal or cancellation of such coverage that is initiated by the insurer; and (v) provide that Owner and the Financing Parties must be given at least sixty (60) days’ ' prior written notice (and Contractor will use all reasonable efforts to require ninety (90) days' prior written notice) of any change in, non-renewal and cancellation of such coverage that is initiated by Contractor.

Form of Contractor Insurance Policies. (a) 9.2.1 Each Contractor’s Contractor Insurance Policy shall be written on an occurrence basis. Subject to the limits and coverages specified in Section 9.019.1, Contractor Insurance Policies, and except for Workers’ Compensation, Contractor shall name OwnerFPL, designated Affiliates of Owner and FPL, the Utility, the Financing Parties and any other Person designated by FPL (including their respective officers, directors and employees) as additional insureds on Contractor’s liability policies as required to be carried by Contractor by the provisions of Section 9.01 of this Agreement 9.1, Contractor Insurance Policies, for liabilities of Contractor under this Agreementthe Contract Documents. Each insurance policy Contractor Insurance Policy shall provide, either in its printed text or by endorsement, that: (ia) that it It shall be primary with respect to the interest of OwnerFPL, designated Affiliates of Owner FPL and the Financing Parties (including their respective officers, directors and employees); and (b) and (ii) that any Any other insurance maintained by OwnerFPL, designated Affiliates of Owner FPL or the Financing Parties is in excess and not contributory to the Contractor Insurance Policies in all instances regardless of any like insurance coverage that OwnerFPL, designated Affiliates of Owner FPL and the Financing Parties may have. (b) 9.2.2 Contractor shall require the issuers of the Commercial General Liability Insurancecoverages specified in 9.1, Business Automobile Liability and Umbrella Excess Liability Contractor Insurance Policies, to amend such Contractor Insurance Policy Policies to: : (ia) include Owner, designated Affiliates of Owner and the Financing Parties and their respective directors, officers and employees as additional insureds, (ii) include Include a waiver of all rights of subrogation against the Financing Parties, Owner FPL and designated Affiliates of Owner FPL and any other Person designated by FPL and their respective directors, officers and employees, ; (iiib) contain Contain a severability of interest provision, ; (ivc) provide that aggregate limits, if any, apply separately to each of the Contractor’s jobs or projects; (v) provide Provide that none of the Financing Parties, Owner FPL or designated Affiliates of Owner FPL or their respective directors, officers or employees shall be liable for the payment of premiums under such policy, ; (vid) provide Provide that complete copies of all inspection or other reports required or performed for the insurer shall be provided to both Owner FPL and the Financing Parties within thirty (30) days of delivery to Contractor, ; (viie) provide Provide that Owner FPL and the Financing Parties must be given at least sixty (60) days’ prior written notice of any change in, non-renewal or cancellation of such coverages that are initiated by insurer, and except ten (viii10) provide days for non-payment of premium, and (f) Provide that Owner FPL and the Financing Parties must be given at least sixty (60) days’ prior written notice of any change in, non-renewal or cancellation of such coverages that are initiated by Contractor, except ten (10) days for non-payment of premium. (c) 9.2.3 Contractor shall require be responsible for additional costs associated with modifying inadequate coverage, terms and conditions to meet the insurers requirements of this Agreement. Contractor shall comply with all the conditions stipulated in each of the Workers’ Compensation Insurance insurance policies. Contractor shall make no material alteration to amend the terms of any insurance required herein without the prior written approval of FPL. If an insurer makes (or purports to make) any such policy to: (i) includealteration, unless prohibited Contractor shall notify FPL immediately. If any such notice is sent from an office outside the United States, it will be sent by applicable law, a waiver international courier. Contractor shall be responsible to insure against risk of all rights of subrogation against the Financing Parties, Owner, designated Affiliates of Owner loss or damage to any Contractor Equipment and their respective directors, officers other equipment and employees; (ii) provide tools that none will not be incorporated into or become part of the Financing Parties, Owner, designated Affiliates of Owner or their respective directors, officers and employees shall be liable for the payment of the premium under such policy; (iii) provide that complete copies of all inspection or other reports required or performed for the insurer shall be provided to both Owner and the Financing Parties within thirty (30) days of delivery to the Contractor; (iv) provide that Owner and the Financing Parties must be given at least sixty (60) days’ written notice of any change in, non-renewal or cancellation of such coverage that is initiated by the insurer; and (v) provide that Owner and the Financing Parties must be given at least sixty (60) days’ prior written notice of any change in, non-renewal and cancellation of such coverage that is initiated by ContractorProject.