Common use of General Liability Coverage Clause in Contracts

General Liability Coverage. Seller shall, at its own expense and at all times from the Effective Date until the Term End Date, maintain in effect the following insurance policies and minimum limits of coverage (and such additional coverage as may be required by Applicable Law), in each case with insurance companies authorized to do business in California having an A.M. Best’s Insurance Rating of A minus: VII or better, and in each case specifying Buyer as an insured on the policy. The insurance required in this Section 7.10 may be provided by any combination of Seller’s primary and excess liability policies. (i) Workers’ compensation insurance, with statutory limits as required by California; (ii) Employer’s liability insurance, with at least the following limits: (1) bodily injury by accident - $1,000,000 each accident; (2) bodily injury by disease - $1,000,000 policy limit; and (3) bodily injury by disease - $1,000,000 each employee; (iii) Commercial general liability insurance, written on an “occurrence” (not a claims-made) basis, covering all operations by or on behalf of Seller arising out of or connected with this Agreement. This commercial general liability insurance must (1) bear a combined single limit per occurrence and annual aggregate of not less than $1,000,000, exclusive of defense costs, for all coverages, (2) contain standard cross-liability or severability of interest provisions, and (3) contain no explosion, collapse, or underground exclusion; (iv) Commercial automobile liability insurance, covering bodily injury and property damage with a combined single limit of not less than $1,000,000 per occurrence. This commercial automobile liability insurance must cover liability arising out of the use of all owned, non- owned and hired automobiles; and (v) Excess liability insurance written on an “occurrence” (not “claims made”) basis and providing coverage excess of the underlying employer’s liability, commercial general liability, and commercial automobile liability insurance, on terms at least as broad as the underlying coverage with limits of not less than $4,000,000 per occurrence and in the annual aggregate.

General Liability Coverage. Seller shall, at its own expense and at all times from the Effective Date until the Term End Date, maintain in effect the following insurance policies and minimum limits of coverage (and such additional coverage as may be required by Applicable Law), in each case with insurance companies authorized to do business in California having an A.M. Best’s Insurance Rating of A minus: VII or better, and in each case specifying Buyer as an insured on the policy. The insurance required in this Section 7.10 may be provided by any combination of Seller’s primary and excess liability policies. (i) . Workers’ compensation insurance, with statutory limits as required by California; (ii) ; Employer’s liability insurance, with at least the following limits: (1) bodily injury by accident - $1,000,000 each accident; (2) bodily injury by disease - $1,000,000 policy limit; and (3) bodily injury by disease - $1,000,000 each employee; (iii) ; Commercial general liability insurance, written on an “occurrence” (not a claims-made) basis, covering all operations by or on behalf of Seller arising out of or connected with this Agreement. This commercial general liability insurance must (1) bear a combined single limit per occurrence and annual aggregate of not less than $1,000,000, exclusive of defense costs, for all coverages, (2) contain standard cross-liability or severability of interest provisions, and (3) contain no explosion, collapse, or underground exclusion; (iv) ; Commercial automobile liability insurance, covering bodily injury and property damage with a combined single limit of not less than $1,000,000 per occurrence. This commercial automobile liability insurance must cover liability arising out of the use of all owned, non- non-owned and hired automobiles; and (v) and Excess liability insurance written on an “occurrence” (not “claims made”) basis and providing coverage excess of the underlying employer’s liability, commercial general liability, and commercial automobile liability insurance, on terms at least as broad as the underlying coverage with limits of not less than $4,000,000 per occurrence and in the annual aggregate. The insurance required in this Section 7.10 applies as primary insurance to, without a right of contribution from, any other insurance maintained by or afforded to Buyer, its subsidiaries and parent company, and their respective officers, directors, shareholders, agents, and employees, despite of any provision in Seller’s insurance to the contrary. Carriers furnishing the required insurance must waive all rights of recovery from or subrogation against Buyer, its subsidiaries and parent company, and their respective officers, directors, shareholders, agents, employees and insurers. The insurance required in Section 7.10(a) must name Buyer, its subsidiaries and parent company, and their respective officers, directors, shareholders, agents and employees additional insureds with respect to all third party liabilities arising out of Seller’s construction, use or ownership of the Generating Facility. Within 30 days of the Effective Date, and within a reasonable time after coverage is renewed or replaced, Seller shall furnish to the Buyer certificates of insurance in forms reasonably acceptable to Buyer, establishing that Seller’s policies provide the coverage and limits of insurance required under this Section 7.10 and that these policies will be in full force and effect as of the Effective Date, continuing until the end of the Term. Seller’s insurance obtained in accordance with this Section 7.10 may only be terminated, expire or materially altered upon 30 days’ prior Notice to Buyer. If any of the required insurance coverages contain aggregate limits applying to other operations of Seller outside of this Agreement, and such limits are diminished by any incident, occurrence, Claim, settlement or judgment against such insurance, Seller shall take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. Governmental entities that have an established record of self-insurance may provide the required coverage through self insurance. If Seller fails to comply with any of the provisions of this Section 7.10, Seller shall, among other things and without restricting Buyer’s remedies under the law or otherwise, at its own cost, defend, indemnify and hold harmless Buyer, its subsidiaries and parent company, and their respective officers, directors, shareholders, agents, and employees, from and against any and all liability, damages, losses, Claims, demands, actions, causes of action, costs, including attorney’s fees and expenses, or any of them, resulting from the death or injury to any person or damage to any property to the extent that Buyer would have been protected had Seller complied with all of the provisions of this Section;.

General Liability Coverage. Seller shall, at its own expense and at all times from the Effective Date until the Term End Date, maintain in effect the following insurance policies and minimum limits of coverage (and such additional coverage as may be required by Applicable Law), in each case with insurance companies authorized to do business in California having an A.M. Best’s Insurance Rating of A minus: VII or better, and in each case specifying Buyer as an insured on the policy. The insurance required in this Section 7.10 may be provided by any combination of Seller’s primary and excess liability policies. (i) . Workers’ compensation insurance, with statutory limits as required by California; (ii) ; Employer’s liability insurance, with at least the following limits: (1) bodily injury by accident - $1,000,000 each accident; (2) bodily injury by disease - $1,000,000 policy limit; and (3) bodily injury by disease - $1,000,000 each employee; (iii) ; Commercial general liability insurance, written on an “occurrence” (not a claims-made) basis, covering all operations by or on behalf of Seller arising out of or connected with this Agreement. This commercial general liability insurance must (1) bear a combined single limit per occurrence and annual aggregate of not less than $1,000,000, exclusive of defense costs, for all coverages, (2) contain standard cross-liability or severability of interest provisions, and (3) contain no explosion, collapse, or underground exclusion; (iv) ; Commercial automobile liability insurance, covering bodily injury and property damage with a combined single limit of not less than $1,000,000 per occurrence. This commercial automobile liability insurance must cover liability arising out of the use of all owned, non- non-owned and hired automobiles; and (v) and Excess liability insurance written on an “occurrence” (not “claims made”) basis and providing coverage excess of the underlying employer’s liability, commercial general liability, and commercial automobile liability insurance, on terms at least as broad as the underlying coverage with limits of not less than $4,000,000 per occurrence and in the annual aggregate. The insurance required in this Section 7.10 applies as primary insurance to, without a right of contribution from, any other insurance maintained by or afforded to Buyer, its subsidiaries and parent company, and their respective officers, directors, shareholders, agents, and employees, despite of any provision in Seller’s insurance to the contrary. Carriers furnishing the required insurance must waive all rights of recovery from or subrogation against Buyer, its subsidiaries and parent company, and their respective officers, directors, shareholders, agents, employees and insurers. The insurance required in Section 7.10(a) must name Buyer, its subsidiaries and parent company, and their respective officers, directors, shareholders, agents and employees additional insureds with respect to all third party liabilities arising out of Seller’s construction, use or ownership of the Generating Facility. Within 30 days of the Effective Date, and within a reasonable time after coverage is renewed or replaced, Seller shall furnish to the Buyer certificates of insurance in forms reasonably acceptable to Buyer, establishing that Seller’s policies provide the coverage and limits of insurance required under this Section 7.10 and that these policies will be in full force and effect as of the Effective Date, continuing until the end of the Term. Seller’s insurance obtained in accordance with this Section 7.10 may only be terminated, expire or materially altered upon 30 days’ prior Notice to Buyer. If any of the required insurance coverages contain aggregate limits applying to other operations of Seller outside of this Agreement, and such limits are diminished by any incident, occurrence, Claim, settlement or judgment against such insurance, Seller shall take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. Governmental entities that have an established record of self-insurance may provide the required coverage through self insurance. If Seller fails to comply with any of the provisions of this Section 7.10, Seller shall, among other things and without restricting Buyer’s remedies under the law or otherwise, at its own cost, defend, indemnify and hold harmless Buyer, its subsidiaries and parent company, and their respective officers, directors, shareholders, agents, and employees, from and against any and all liability, damages, losses, Claims, demands, actions, causes of action, costs, including attorney’s fees and expenses, or any of them, resulting from the death or injury to any person or damage to any property to the extent that Buyer would have been protected had Seller complied with all of the provisions of this Section 7.10.