Common use of Workmen’s Compensation Insurance Clause in Contracts

Workmen’s Compensation Insurance. Operator shall qualify as a self-insurer in Alabama and with the U.S. Department of Labor for purposes of the U.S. Longshoreman's and Harbor Worker's Act, but will provide an umbrella policy to cover benefits in excess of its assumed liability for workmen's compensation, the Longshoreman's and Harbor Worker's Act, and employers liability. Owner and Operator acknowledge that, pursuant to the terms of this Agreement, all premiums for Operator's workmen's compensation insurance and all payments to Operator employees, including workmen's compensation benefits, relating to work performed by such employees while on the premises of a Generation Facility, are effectively made by the Owner, since such premiums and payments constitute direct charges incurred by Operator in relation to the performance of Operating Services for such Generation Facility. It is the intent of Owner and Operator that for purposes of workmen's compensation Owner not be exposed to greater liability by virtue of this Agreement than Owner would have if Owner had utilized Owner employees to perform Operating Services. If Operator and Owner agree, as an alternative, the parties can purchase any such insurance.

Workmen’s Compensation Insurance. Operator shall qualify as a self-insurer in Alabama Georgia and with the U.S. Department of Labor for purposes of the U.S. Longshoreman's and Harbor Worker's Act, but will provide an umbrella policy to cover benefits in excess of its assumed liability for workmen's compensation, the Longshoreman's and Harbor Worker's Act, and employers liability. Owner and Operator acknowledge that, pursuant to the terms of this Agreement, all premiums for Operator's workmen's compensation insurance and all payments to Operator employees, including workmen's compensation benefits, relating to work performed by such employees while on the premises of a Generation Facility, are effectively made by the Owner, since such premiums and payments constitute direct charges incurred by Operator in relation to the performance of Operating Services for such Generation Facility. It is the intent of Owner and Operator that for purposes of workmen's compensation Owner not be exposed to greater liability by virtue of this Agreement than Owner would have if Owner had utilized Owner employees to perform Operating Services. If Operator and Owner agree, as an alternative, the parties can purchase any such insurance.