Common use of Operation and Maintenance; Insurance Clause in Contracts

Operation and Maintenance; Insurance. The Recipient agrees to properly staff, operate and maintain all portions of the Project during its useful life in accordance with all applicable state and federal laws, rules and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by the maintenance of a self-insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System shall be free and clear of all claims and liens. If such net proceeds are insufficient to enable the Recipient to pay all remaining unpaid principal portions of the Installment Payments, the Recipient shall provide additional funds to restore or replace the damaged portions of the System.

Operation and Maintenance; Insurance. The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the Project during its useful life in accordance with all applicable state and federal laws, rules rules, and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the SystemProject) as are usually covered in connection with systems similar to the SystemProject. Such insurance may be maintained by the maintenance of a self-self- insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the SystemProject. The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System Project shall be free and clear of all claims and liens. If such net proceeds are insufficient Recipient agrees that for any policy of general liability insurance concerning the construction related to enable this Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the Recipient to pay all remaining unpaid principal portions of the Installment PaymentsState Water Board, the Recipient its officers, agents, employees, and servants as additional insured; and shall provide additional funds the Division with a copy of all such certificates prior to restore or replace the damaged portions commencement of the Systemconstruction associated with this Project.

Operation and Maintenance; Insurance. The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the Project during its useful life in accordance with all applicable state and federal laws, rules rules, and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the SystemProject) as are usually covered in connection with systems similar to the SystemProject. Such insurance may be maintained by the maintenance of a self-insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the SystemProject. The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System Project shall be free and clear of all claims and liens. If such net proceeds are insufficient The Recipient agrees that for any policy of general liability insurance concerning the construction related to enable this Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the Recipient to pay all remaining unpaid principal portions of the Installment PaymentsState Water Board, the Recipient its officers, agents, employees, and servants as additional insured; and shall provide additional funds the Division with a copy of all such certificates prior to restore or replace the damaged portions commencement of construction associated with this Project upon request by the SystemGrant Manager.

Operation and Maintenance; Insurance. The Recipient agrees to properly staff, operate and maintain all portions of the Project during its useful life in accordance with all applicable state and federal laws, rules and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by the maintenance of a self-insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate segregated self-self- insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System shall be free and clear of all claims and liens. If such net proceeds are insufficient to enable the Recipient to pay all remaining unpaid principal portions of the Installment Payments, the Recipient shall provide additional funds to restore or replace the damaged portions of the System.

Operation and Maintenance; Insurance. The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the Project during its useful life Useful Life in accordance with all applicable state and federal laws, rules rules, and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the SystemProject) as are usually covered in connection with systems similar to the SystemProject. Such insurance may be maintained by the maintenance of a self-insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the SystemProject. The Recipient shall must begin such reconstruction, repair or replacement as expeditiously as possible, and shall must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall must be completed and the System shall Project must be free and clear of all claims and liens. If such net proceeds are insufficient to enable The Recipient agrees that for any policy of insurance concerning or covering the Recipient to pay all remaining unpaid principal portions construction of the Installment PaymentsProject, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the Recipient shall State Water Board, its officers, agents, employees, and servants as additional insured; and must provide additional funds the Division with a copy of all such certificates prior to restore or replace the damaged portions commencement of construction of the SystemProject.

Operation and Maintenance; Insurance. The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the Project during its useful life in accordance with all applicable state and federal laws, rules rules, and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the SystemProject) as are usually covered in connection with systems similar to the SystemProject. Such insurance may be maintained by the maintenance of a self-self- insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the SystemProject. The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System Project shall be free and clear of all claims and liens. If such net proceeds are insufficient The Recipient agrees that for any policy of general liability insurance concerning the construction related to enable this Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the Recipient to pay all remaining unpaid principal portions of the Installment PaymentsState Water Board, the Recipient its officers, agents, employees, and servants as additional insured; and shall provide additional funds the Division with a copy of all such certificates prior to restore or replace the damaged portions commencement of construction associated with this Project upon request by the SystemGrant Manager.

Operation and Maintenance; Insurance. The Recipient Contractor agrees to properly staff, operate and maintain all portions of the Project during its useful for at least 20 years from the project completion date (see Exhibit A) years or the design life of the devices in accordance with all applicable state and federal laws, rules and regulations. The Recipient Contractor certifies that it has in place and will maintain a reserve fund for this purpose. See Exhibit D-1. The Contractor will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by the maintenance of a self-insurance plan so long as any such plan provides for (i) the establishment by the Recipient Contractor of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Recipient Contractor shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System shall be free and clear of all claims and liens. If such net proceeds are insufficient to enable the Recipient to pay all remaining unpaid principal portions of the Installment Payments, the Recipient shall provide additional funds to restore or replace the damaged portions of the System.