Pollution Liability Coverage. Contractor shall carry sudden and accidental and gradual release pollution liability coverage that will cover, among other things, any spillage of paints, fuels, oils, lubricants, de-icing, anti-freeze or other hazardous materials, or disturbance of any hazardous materials, as that term is defined under Oregon law, during the performance of this Contract. Contractor will be fully responsible for the cost of any clean-up of any released materials or disturbance, in accordance with Oregon Department of Environmental Quality (“DEQ”) and Federal Environmental Protection Agency (“EPA”) clean-up requirements. The coverage shall be in the amount of $2,000,000 for each occurrence and $2,000,000 general aggregate.
Pollution Liability Coverage. 1. INSURING AGREEMENT
a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as:
i. compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and
ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but:
(1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION III - LIMITS OF INSURANCE;
(2) We may investigate and settle any “claim” or "suit” at our discretion;
(3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and
(4) We have no duty to defend any “claim" or “suit" not covered by this insurance;
(5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS.
b. This insurance applies only to “bodily injury”, “property damage” or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground storage tank” that commences on or after the retroactive date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Part 2, “Claims” Reporting. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in or in a settlement made with our prior consent.
c. The insured must provide proof that the “release” arose directly from:
(1) An “aboveground storage tank”, provided that the “release” commences on or after the retroactive date stated in the Declarations and during the policy period and the insured gives us immediate notice of the "release”; or
(2) The "loading or unloading” of an “aboveground storage tank” which commences on or after the retroactive date stated in the Declarations and during the policy period and which is reported to us within 24 hours of the "release”.
Pollution Liability Coverage. Contractor shall provide transportation pollution liability insurance in an amount not less than $20,000,000 per occurrence and $40,000,000 aggregate.
Pollution Liability Coverage. Contractor shall provide transportation pollution liability insurance in an amount not less than $10,000,000 per occurrence and $20,000,000 aggregate. The insurance coverage limits set forth herein are the minimum. Contractor’s insurance coverage shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits. Contractor waives all rights against the State of Washington for the recovery of damages to the extent such damages are covered by any insurance required herein.
Pollution Liability Coverage. Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
Pollution Liability Coverage. CMR will provide a pollution liability policy that covers a pollution event or release on the Project resulting from the CMR’s or any Subcontractor’s activities under and during the term of this Agreement and for completed operations. The Pollution Liability policy shall provide coverage for “sudden & accidental” and gradual occurrences arising from the work performed under this Agreement. The annual aggregate shall apply separately to this Project. CMR shall maintain pollution liability insurance with coverage as specified herein for at least ten (10) years following Substantial Completion of the Work. CMR’s purchase of an extended discovery period or an extended reporting period will not be sufficient to comply with CMR’s obligations hereunder. This policy shall include coverage for: (i) the full scope of the CMR’s operations (on-going and completed), as described in this Agreement; (ii) losses arising from pollutants, including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall; (iii) third party liability for bodily injury, property damage, clean up expenses, and defense costs arising from the CMR’s operations; (iv) diminution of value and natural resources damages; (v) contractual liability; (vi) claims arising from CMR’s use of any owned or non-owned disposal sites arising out of CMR’s activities in connection with this Agreement; (vii) bodily injury to include physical injury, sickness, disease, death, mental anguish, medical monitoring and emotional distress sustained by any person; and
Pollution Liability Coverage the Project Sponsor shall provide not less than $1,000,000 coverage limit (if applicable). The Project Sponsor shall name the Agent and the City as an additional insured on all general liability policies.
Pollution Liability Coverage. (if conducting aircraft maintenance, storage of hazardous materials greater than 5 gallons or fueling activities). Lessee shall obtain Pollution liability insurance covering all operations on airport property for both gradual and sudden events in an amount no less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) annual policy aggregate, shall be maintained, subject to a deductible or self- insured retention of no more than Twenty-Five Thousand Dollars ($25,000) per occurrence.
Pollution Liability Coverage. A “claim” first made in writing to us within 6 months after the end of the Policy Term will be deemed to have been made on the last day of the Policy Term, provided that the “claim” is for “bodily injury,” “property damage” or “clean-up costs” as a result of an “environmental incident” that commenced before the end of the Policy Term and subsequent to the Retroactive Date shown in the Policy Declarations. The “environmental incident” must be from an “underground storage tank” at an “insured site.” How can you be sure?
Pollution Liability Coverage. During construction activities, and any time Hazardous Substances are being used within the Project Area, other than in small quantities as generally needed for landscaping or as cleaning supplies, Lessee or Lessee’s contractor shall carry full environmental coverage, including sudden and accidental and gradual release pollution liability coverage that will cover, among other things, any spillage of chemicals, fuels, oils, lubricants, de-icing, anti-freeze, or other hazardous materials, or disturbance of any Hazardous Substances, as that term is defined in this Lease under Subsection 11.1.5, during the performance of any work on the pipeline and/or other activities in the Project Area or as a result of any pipe rupture, leakage, or other failure, written on an “occurrence” form policy. Lessee will be fully responsible for the cost of any clean-up of any released materials or disturbance, in accordance with Oregon Department of Environmental Quality (“DEQ”) and Federal Environmental Protection Agency (“EPA”) clean-up requirements. The coverage shall be in the amount of $10,000,000 for each occurrence and $20,000,000 general aggregate. If said insurance is carried by Lessee’s contractor, in lieu of Lessee, then Lessee must ensure that Lessor is named as an additional insured on the pollution policy in accordance with all requirements for naming Lessor as an additional insured. Nothing contained herein, however, shall be construed to relieve Lessee from claims by Lessor for environmental damage or Environmental Costs. Lessor shall maintain a direct right of action against Lessee and shall not be required to first seek relief through the insurance carrier or general contractor.
