Common use of Pollution Liability Insurance Clause in Contracts

Pollution Liability Insurance. DB Contractor shall procure and maintain at all times during the performance of the Maintenance Services and during the Maintenance Term, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DB Contractor, its agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: (a) Contractors Pollution Liability with coverage for losses caused by pollution conditions that arise from the operations of DB Contractor: (i) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring; (ii) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; (iii) Defense, including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; (iv) Non-owned disposal site coverage for specified sites (by endorsement) if contractor is disposing of waste; (v) Coverage for loss, clean-up costs and related legal expense because of a pollution condition arising from the named insured’s goods, products, or waste during the course of transportation by a carrier to or from: (A) A job site where contracting services are being performed; or (B) a covered location, including loading or unloading of such goods, products or waste, which the insured becomes legally obligated to pay as a result of a claim first made against the insured during the policy period. (b) Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) are released or dispersed as a result of the performance of covered operations. (c) DB Contractor shall maintain limits of no less than $3,000,000 per occurrence and in the aggregate for the Maintenance Term. If coverage is written on a claims-made basis the policy shall include a three-year extended reporting period. (d) The policy shall provide a deductible or self-insured retention not exceeding $1,000,000 per occurrence. (e) The Indemnified Parties shall be named as additional insureds on the policy. The specific scope of services required under the Capital Maintenance Contract shall be listed on the certificate of insurance.

Pollution Liability Insurance. DB Contractor shall procure and maintain at all times during the performance of the Maintenance Services and during the Maintenance Term, Term insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DB Contractor, its agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: (a) Contractors Pollution Liability with coverage for losses caused by pollution conditions that arise from the operations of the DB Contractor: (i) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring;, (ii) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; (iii) Defense, Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; (iv) Non-owned disposal site Disposal Site coverage for specified sites (by endorsement) if contractor is disposing of wastewaste(s); (v) Coverage for loss, clean-up costs and related legal expense because of a pollution condition arising from the named insuredNamed Insured’s goods, products, or waste during the course of transportation by a carrier to or from: : (A1) A job site where contracting services are being performed; or (B2) a covered location, including ; Including loading or unloading of such goods, products or waste, which the insured becomes legally obligated to pay as a result of a claim first made against the insured during the policy period. (b) Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) are released or dispersed as a result of the performance of covered operationsCovered Operations. (c) DB Contractor shall maintain limits of no less than $3,000,000 10,000,000 per occurrence and in the occurrence/$10,000,000 aggregate for the Maintenance Termterm of the Agreement. If coverage is written on a claims-made basis the policy shall include a three-year extended reporting period. (d) The policy shall provide a deductible or self-insured retention not exceeding $1,000,000 per occurrence. (e) The TxDOT and the Indemnified Parties shall be named as additional insureds on the policy. The specific scope of services required under the Capital Maintenance Contract DB Agreement shall be listed on the certificate of insurance.

Pollution Liability Insurance. DB Contractor shall procure and maintain at all times during the performance of the Maintenance Services and during the Maintenance Term, Term insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DB Contractor, its agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: (a) Contractors Pollution Liability with coverage for losses caused by pollution conditions that arise from the operations of the DB ContractorContractor described under the scope of services of this DBA: (i) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring;, (ii) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-clean up costs, and the loss of use of tangible property that has not been physically injured or destroyed; (iii) Defense, Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; (iv) Non-owned disposal site Disposal Site coverage for specified sites (by endorsement) if contractor is disposing of waste; (v) Coverage for loss, clean-up costs and related legal expense because of a pollution condition arising from the named insured’s goods, products, or waste during the course of transportation by a carrier to or from: (A) A job site where contracting services are being performed; or (B) a covered location, including loading or unloading of such goods, products or waste, which the insured becomes legally obligated to pay as a result of a claim first made against the insured during the policy periodwaste(s). (b) Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) are released or dispersed as a result of the performance of covered operationsCovered Operations. (c) Contractor’s Pollution Liability (occurrence form): DB Contractor shall maintain limits of no less than $3,000,000 10,000,000 per occurrence and in the occurrence/$10,000,000 aggregate for the Maintenance Term. If coverage is written on a claims-made basis term of the policy shall include a three-year extended reporting periodAgreement. (d) The policy shall provide a deductible or self-insured retention not exceeding $1,000,000 250,000 per occurrence. (e) The Indemnified Parties TxDOT shall be named as an additional insureds named insured on the policy. The specific scope of services required under the Capital Maintenance Contract DBA shall be listed on the certificate of insurance.

Pollution Liability Insurance. DB Contractor shall procure and maintain at all times during the performance of the Maintenance Services and during the Maintenance Term, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DB Contractor, its agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: (a) Contractors Pollution Liability with coverage for losses caused by pollution conditions that arise from the operations of DB Contractor: (i) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring; (ii) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; (iii) Defense, including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages;; DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 (iv) Non-owned disposal site coverage for specified sites (by endorsement) if contractor is disposing of waste;; and (v) Coverage for loss, clean-up costs and related legal expense because of a pollution condition arising from the named insured’s goods, products, or waste during the course of transportation by a carrier to or from: (A) A job site where contracting services are being performed; or (B) a covered location, including loading or unloading of such goods, products or waste, which the insured becomes legally obligated to pay as a result of a claim first made against the insured during the policy period. (b) Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) conditions are released or dispersed as a result of the performance of covered operations. (c) DB Contractor shall maintain limits of no less than $3,000,000 per occurrence and in the aggregate for the Maintenance Term. If coverage is written on a claims-made basis the policy shall include a three-year extended reporting period. (d) The policy shall provide a deductible or self-insured retention not exceeding $1,000,000 per occurrence. (e) The TxDOT and the Indemnified Parties shall be named as additional insureds on the policy. The specific scope of services required under the Capital Maintenance Contract CMC Documents shall be listed on the certificate of insurance.

Pollution Liability Insurance. DB Contractor Developer shall procure and maintain at all times during the performance of the Maintenance Services and during the Maintenance Term, Term insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DB ContractorXxxxxxxxx, its agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: (a) Contractors Pollution Liability with coverage for losses caused by pollution conditions that arise from the operations of DB Contractorthe Developer described under the scope of services of this Development Agreement: (i) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring;, (ii) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-clean up costs, and the loss of use of tangible property that has not been physically injured or destroyed; (iii) Defense, Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; (iv) Non-owned disposal site Disposal Site coverage for specified sites (by endorsement) if contractor is disposing of waste; (v) Coverage for loss, clean-up costs and related legal expense because of a pollution condition arising from the named insured’s goods, products, or waste during the course of transportation by a carrier to or from: (A) A job site where contracting services are being performed; or (B) a covered location, including loading or unloading of such goods, products or waste, which the insured becomes legally obligated to pay as a result of a claim first made against the insured during the policy periodwaste(s). (b) Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) are released or dispersed as a result of the performance of covered operationsCovered Operations. (c) DB Contractor Contractor’s Pollution Liability (occurrence form): Developer shall maintain limits of no less than $3,000,000 10,000,000 per occurrence and in the occurrence/$10,000,000 aggregate for the Maintenance Term. If coverage is written on a claims-made basis term of the policy shall include a three-year extended reporting periodAgreement. (d) The policy shall provide a deductible or self-insured retention not exceeding $1,000,000 250,000 per occurrence. (e) The Indemnified Parties TxDOT shall be named as an additional insureds insured on the policy. The specific scope of services required under the Capital Maintenance Contract Development Agreement shall be listed on the certificate of insurance.

Pollution Liability Insurance. DB Contractor shall procure and maintain at all times during the performance of the Maintenance Services and during the Maintenance Term, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DB Contractor, its agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: (a) Contractors Pollution Liability with coverage for losses caused by pollution conditions that arise from the operations of DB Contractor: (i) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring; (ii) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; (iii) Defense, including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; (iv) Non-owned disposal site coverage for specified sites (by endorsement) if contractor is disposing of waste;; and (v) Coverage for loss, clean-up costs and related legal expense because of a pollution condition arising from the named insured’s goods, products, or waste during the course of transportation by a carrier to or from: (A) A job site where contracting services are being performed; or (B) a covered location, including loading or unloading of such goods, products or waste, which the insured becomes legally obligated to pay as a result of a claim first made against the insured during the policy period. (b) Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) conditions are released or dispersed as a result of the performance of covered operations. (c) DB Contractor shall maintain limits of no less than $3,000,000 per occurrence and in the aggregate for the Maintenance Term. If coverage is written on a claims-made basis the policy shall include a three-year extended reporting period. (d) The policy shall provide a deductible or self-insured retention not exceeding $1,000,000 per occurrence. (e) The TxDOT and the Indemnified Parties shall be named as additional insureds on the policy. The specific scope of services required under the Capital Maintenance Contract CMC Documents shall be listed on the certificate of insurance.

Pollution Liability Insurance. DB Contractor shall procure and maintain at all times during the performance of the Maintenance Services and during the Maintenance Term, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DB Contractor, its agents, representatives, employees or subcontractors. Coverage shall be at least as broad as: (a) Contractors Pollution Liability with coverage for losses caused by pollution conditions that arise from the operations of DB Contractor: (i) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring; (ii) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; (iii) Defense, including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages;; DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B (iv) Non-owned disposal site coverage for specified sites (by endorsement) if contractor is disposing of waste; (v) Coverage for loss, clean-up costs and related legal expense because of a pollution condition arising from the named insured’s goods, products, or waste during the course of transportation by a carrier to or from: (A) A job site where contracting services are being performed; or (B) a covered location, including loading or unloading of such goods, products or waste, which the insured becomes legally obligated to pay as a result of a claim first made against the insured during the policy period. (b) Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) conditions are released or dispersed as a result of the performance of covered operations. (c) DB Contractor shall maintain limits of no less than $3,000,000 per occurrence and in the aggregate for the Maintenance Term. If coverage is written on a claims-made basis the policy shall include a three-year extended reporting period. (d) The policy shall provide a deductible or self-insured retention not exceeding $1,000,000 per occurrence. (e) The TxDOT and the Indemnified Parties shall be named as additional insureds on the policy. The specific scope of services required under the Capital Maintenance Contract CMC Documents shall be listed on the certificate of insurance.