Maintenance of Insurance Coverage. Without limiting any liabilities or any other obligations of Seller, each Party shall, prior to connection of the Facility to PacifiCorp’s electric system, secure and continuously carry with insurers acceptable to PacifiCorp (which will not be unreasonably withheld), or self insure, the following insurance coverage: 12.5.1 Business Automobile Liability insurance with a minimum single limit of $1,000,000 for bodily injury and property damage with respect to vehicles, if any, whether owned, hired or non-owned, assigned to or used in connection with this Agreement. 12.5.2 Employers' Liability insurance with a minimum limit of $ 1,000,000. 12.5.3 Commercial General Liability insurance, to include contractual liability, with a minimum single limit of $ 1,000,000 to protect against and from all loss by reason of injury to persons or damage to property based upon and arising out of the activity under this Agreement except as provided under Excess Umbrella Liability below. 12.5.4 Excess Umbrella Liability insurance with a single limit of at least $10,000,000 per occurrence in excess of the limits of insurance provided above required to bring the sum of Commercial General Liability and Excess Umbrella Liability to $11,000,000. 12.5.5 The Commercial General Liability policy required herein shall include i) provisions or endorsements naming the other Party, its Board of Directors, Officers and employees as additional insureds, and ii) cross liability coverage so that the insurance applies separately to each insured against whom claim is made or suit is brought, even in instances where one insured claims against or sues another insured. 12.5.6 All liability policies required by this Agreement shall include provisions that such insurance is primary insurance with respect to the interests of the other Party and that any other insurance maintained by the other Party is excess and not contributory insurance with the insurance required hereunder, and provisions that such policies shall not be canceled or their limits of liability reduced without 1) ten (10) days prior written notice to the other Party if canceled for nonpayment of premium, or 2) thirty (30) days prior written notice to the other Party if canceled for any other reason. A certificate in a form satisfactory to the other Party certifying to the issuance of such insurance, shall be furnished to the other Party. Commercial General Liability coverage written on a "claims- made" basis, if any, shall be specifically identified on the certificate. Insurance coverage provided on a "claims-made" basis shall be maintained by each Party for a minimum period of five (5) years after the completion of this Agreement. 12.5.7 Each Party, at its option, may self-insure for any or all of the coverage described above. In the event and to the extent a Party so elects, that Party shall advise the other Party in writing. For all such self-insurance maintained by a Party, that Party agrees to provide the other Party all the benefits that would otherwise be available and provided under an insurance policy in accordance with the requirements set forth above in this Section 12.5, including but not limited to defense of claims.
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Samples: Purchase Agreement, Power Purchase Agreement, Non Firm Power Qualifying Facility Purchase Agreement
