Insurance Provided by Owner. The contractor, its subcontractors and sub-subcontractors hereby waive all rights which they, or any of them, may at any time, have against the Owner, the Owner's Representative, their respective parent companies and partnerships, the subsidiary, related and affiliated companies and partnerships of each and the officers, directors, agents, employees, partners, and assigns of each, for damages caused by fire or other perils to the extent covered by the insurance provided by the Owner (but not their entitlement to any proceeds thereof).
Insurance Provided by Owner. Owner shall procure and maintain during performance of this Contract, at its sole cost and expense, insurance which specifically includes: (a) the satellite third party in orbit liability insurance policy (the “In-Orbit Insurance Policy”) in the form attached hereto in Annex 1 or in such other form as is reasonably satisfactory to Boeing and (b) comprehensive general liability insurance (“General Liability Insurance Policy”). The In-Orbit Insurance Policy and the General Liability Insurance Policy shall name Boeing, its contractors and subcontractors as additional insureds and Owner shall provide Boeing with certificates of insurance annually showing that Boeing is named as an “additional insured” under such policies. Owner shall furnish Boeing with a waiver of its insurance carrier’s rights of subrogation, to the maximum extent such waiver is available in the commercial insurance market for the class of insurance procured, provided that, in case such waiver is unavailable consistent with prevailing insurance practices at the time, the obligation of Owner to obtain such waiver shall no longer apply. In the case of the In-Orbit Insurance Policy, in the event of such unavailability, Owner shall promptly notify the U.S. Government of such fact in accordance with the terms and conditions set forth in the U.S. Government Indemnification Contract. In the event any person other than Boeing is named as an additional insured under the foregoing insurance policies (other than any person providing financing to Owner or any of its Affiliates) and such person receives from the applicable insurer a waiver of such insurer’s right of subrogation against such person, then Owner shall use its best efforts to ensure that Boeing also will receive a waiver of such insurer’s right of subrogation thereunder. With respect to the insurance obligations under this Article, such insurance shall also provide that the insurers shall give [***…***] notice to Boeing prior to the effective date of cancellation or termination of such insurance. Owner shall provide Boeing with a binder letter and form of policy from its insurance agent no later than [***…***] before effective date of cancellation. The binder letter shall be included as Annex 13 to this Contract. Boeing shall be responsible and liable to Owner for any increase in premium for the In-Orbit Insurance Policy and General Liability Insurance Policy resulting from Boeing’s deviation from the Annex 3 and Annex 4 Statements of Work o...
Insurance Provided by Owner. Owner shall at all times during the term of this Agreement, at its own expense, purchase and maintain insurance coverage for the Pipeline Facilities that is usual and customary in the industry. Owner will be responsible for all deductibles, self insured retentions, coinsurance and self insurance carried under its insurance program, and shall include a waiver of subrogation against Operator, its affiliated and/or associated and/or subsidiary companies, and their respective directors, officers, agents and employees. Before commencing any performance under this Agreement, Owner shall furnish Operator with a certificate of insurance evidencing that it has secured the insurance coverage required by the terms of this Section 8.1 and shall furnish replacement certificates for all renewals of such insurance. Any insurance purchased and maintained by Owner to comply with this Section 8.1 shall be procured from reputable insurance companies with an AM Best Rating of A-/VII or better.
Insurance Provided by Owner. The Owner will maintain from the Commencement Date and at its own expense policies of insurance as described in Section 1.1(a) and 1.1 (b) and such policies shall include the EPCM Contractor and its Subcontractors as unnamed insureds for Services performed: course of construction insurance to a limit of the value of the full replacement cost of the Facilities covering all risks of direct physical loss or damage to the Facilities, Goods and Procured Goods, temporary structures used in the erection of the Facilities, including such property at temporary or off-site storage and project lay-down areas, in transit to and from the Work Site or in storage while at the Work Site, before and during erection and until completed and while awaiting tests and during testing and commissioning until issuance of a Final Completion Notice, and in relation to such insurance: the Owner shall be responsible for the deductibles relating to insurance proceeds unless otherwise agreed between the Owner and EPCM Contractor; the policy shall contain a waiver of the insurers’ rights of subrogation against any person, corporation or organization owned or controlled by any insured who is employed in the performance of the services, by whose fault or negligence the loss or damage is caused; and against any other insured by whose fault or negligence the loss or damage was caused; the policy shall provide for at least 30 days prior written notice to the EPCM Contractor of cancellation or change that is material to the Contract. commercial general liability insurance covering any operations in connection with the Facilities, including temporary or off-site storage and project lay-down areas, on an occurrence basis with a combined single limit not less than $* inclusive of each accident or occurrence for third party bodily injury, including death, personal injury and damage to property, including loss of use thereof and in the aggregate for products and completed operations. Such insurance shall include but not be limited to the following: blanket contractual liability; sudden and accidental pollution liability; products and completed operation coverage is to be maintained for a period of not less than * months from the date of issuance of the Functional Completion Notice; broad form completed operations; non-owned automobile liability; broad form property damage; blasting, pile driving, caisson work, underground work (XCU coverage); and cross liability and severability of interest; and in...
Insurance Provided by Owner. 44.1 The Owner shall obtain and, during the progress of the Work, maintain in force the policies of insurance described in this Article 44 - Insurance Provided by Owner, with the Owner as named insured. The actual policies of insurance may be examined by the Contractor upon request to the Owner. This insurance applies only to the Work performed in connection with the Contract:
Insurance Provided by Owner. 44.1 The Owner shall obtain and, during the progress of the Work, maintain in force the policies of insurance described in this Article 44 - Insurance Provided by Owner, with the Owner as named insured. The actual policies of insurance may be examined by the Contractor upon request to the Owner. This insurance applies only to the Work performed in connection with the Contract:
(a) Property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the Compensation, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Work at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in this Contract or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until no person or entity other than the Owner has an insurable interest in the Work.
Insurance Provided by Owner. As a condition precedent to any Boeing legal obligations arising under this Contract, Owner shall procure and maintain during performance of this Contract, at its sole cost and expense, insurance which specifically includes: (a) the In-Orbit Insurance Policy in the form attached hereto in Annex 1 or in such other form as is reasonably satisfactory to Boeing, (b) comprehensive general liability insurance (“General Liability Insurance Policy”), (c) property insurance and (d) other insurance specified in Annex 1, all on such terms and conditions, coverage amounts and with such insurers as are acceptable to Boeing. Such insurance shall name Boeing, its contractors and subcontractors as additional insureds. Owner shall furnish Boeing with a waiver of its insurance carrier’s rights of subrogation, and, with respect to the insurance obligations under this Article, such insurance shall also provide that the insurers shall give sixty (60) days notice to Boeing prior to the effective date of cancellation or termination of such insurance. Owner shall provide Boeing with a binder letter and form of policy from its insurance agent no later than twenty-one (21) days before effective date of cancellation. The binder letter shall be included as Annex 13 to this Contract. Boeing shall be responsible and liable to Owner for any increase in premium for the In-Orbit Insurance Policy and General Liability Insurance Policy resulting from Boeing’s deviation from the Statements of Work set forth in Annexes 3 and 4 without the prior written consent of Owner. Boeing shall, at no cost or expense to Owner, support any and all insurance presentations and technical review requested by Owner or any of its insurance underwriters.
Insurance Provided by Owner. (a) Owner shall maintain, at its --------------------------- sole cost, at all times while this Agreement is in effect commercial general liability insurance including products liability and completed operations insurance with limits of not less than $10,000,000 per occurrence and in the aggregate. Any insurance policy which Owner shall procure pursuant to this Section 9.3 shall be endorsed to provide a waiver of subrogation rights in favor of the Operator Parties, except to the extent any claim is made pursuant to any such policy with respect to Operator's gross negligence, willful misconduct, fraud or intentional breach of this Agreement. Such insurance shall cover the contractual liability assumed under the provisions set forth in this Agreement.
(b) Prior to commencement of the Services, a certificate evidencing the required coverages and specifically quoting the indemnity provisions of this Agreement shall be delivered by Owner to Operator, naming Operator as additional insured. Such certificate shall provide that any change restricting or reducing coverage or the cancellation of any policies under which certificates are issued shall not be valid as respects Operator's interest therein until Operator has received 30 days written notice of such change or cancellation. Further, the certificate shall state that the insurance is primary coverage and not concurrent or excess over other valid insurance which may be available to Operator.
(c) Nothing contained in these provisions relating to coverage and amounts set forth herein shall operate as a limitation of Owner's liability in tort or contract for claims made under the terms of this Agreement.
Insurance Provided by Owner. 44.1 The Owner shall obtain and, during the progress of the Balance of the Work, maintain in force the following policies of insurance, with the Owner as named insured and with the Contractor and its Subcontractors as additional insureds:
(a) general liability policy covering Owner’s off-site works or off-project works with a $2 million per incident/$4 million aggregate limit
(b) permanent property cover for Owner’s existing property.
44.2 All insurance policies provided by the Owner shall be written to prohibit the insurer from obtaining subrogation or transfer of rights in respect of any claim under such policies against the Contractor, Subcontractors, or their employees, directors or officers who are employed in the performance of the Work.
44.3 The Owner shall:
(a) provide the Contractor with certificates of insurance for the policies described in Section 44.1 within 10 Work Days of Notice to Proceed with Balance of Work or prior to the commencement of the Balance of Work, whichever is earlier, and certificates of insurance evidencing renewal of these policies within 10 Work Days of their expiry date where such policies expire prior to Substantial Completion; and
(b) ensure that such policies provide for at least 30 days’ prior written notice to the Contractor of cancellation or change that is material to the Contract.
44.4 The insurance protection provided by the Owner in accordance with Article 44 – Insurance Provided by Owner shall be primary with respect to any loss or damage which at the time of the occurrence is covered by the Owner’s insurance policies.
Insurance Provided by Owner. 7.3.1 OWNER shall purchase and continuously maintain until Mechanical Completion, or termination of this Contract, whichever occurs last, Builder’s Risk insurance naming as Named Insureds OWNER, CONTRACTOR, and subcontractors and suppliers of all tiers and any other contractors of OWNER performing Work at the Jobsite. Such insurance shall cover all equipment, machinery, supplies, and other property intended to be permanently incorporated in the Work at Jobsite, for which title or risk of loss shall have passed at the time of loss to an insured. Coverage shall apply to such property while it is located at the Jobsite or located at temporary off-site storage or staging areas approved by OWNER, or while in land-based transit to the Jobsite within the continental United States. Coverage shall be written on an “All Risk form, including but not limited to, fire, lightning, windstorm, hail, riot, riot attending a strike, civil commotion, aircraft, vehicle, smoke, explosion, vandalism, malicious mischief, damage to glass, theft, flood and earthquake (including sinkhole) coverages. Such insurance shall include coverage for expenses due to delays in completion as a result of the insured perils, subject to a thirty (30) Day deductible. Limits under this insurance shall not be less than 100% of the replacement value of the Work at Jobsite for physical damage to property and related expenses, provided that sub limits shall be established for losses due to earthquake (including sinkhole) and flood, which earthquake and flood sublimits shall be no less than the minimum sublimits for such losses established pursuant to OWNER’S agreements with its lenders. The OWNER if requested, shall provide the CONTRACTOR with a copy of the proposed builder’s risk insurance policy for comments and a copy of the final policy and all endorsements related thereto not less than thirty (30) Days prior to the first Work on the Jobsite by CONTRACTOR.
7.3.2 The foregoing insurance shall include a deductible of not more than $100,000 for each loss or such greater amount as is generally acceptable in the industry for the size and scope of the Work. CONTRACTOR shall bear the first $10,000 of the deductible amount (other than deductible amounts related to flood or earthquake coverage, which OWNER shall be obliged to pay), with no increase in the Separated Fixed Contract Price.
7.3.3 Exclusions from such insurance may include, but are not limited to, the following; (1) loss resulting from mysterious...
