ARTICLE 9
INSURANCE
Section 9.1 - Coverage.
(a) Obligation to Obtain. Owner and Operator shall obtain and maintain the
insurance set forth in Sections 9.1(b) and 9.1(c). Such insurance may be maintained
under individual or blanket insurance policies.
(b) Operator Coverage. Operator shall maintain during the term of this
Agreement insurance with limits and coverage provisions not less than the limits and
coverage provisions set forth below:
(i) General Liability Insurance: $2,000,000 liability coverage with excess /
umbrella policy limit of $9,000,000 on an occurrence basis against claims for personal
injury (including bodily injury and death), products/completed operations and property
damage. Coverage to be on a primary non-contributory basis.
(i)Automobile Liability Insurance: $1,000,000 Combined Single Limit
automobile liability coverage against claims for personal injury (including bodily injury
and death) or property damage arising out of the use of all owned, leased, non-owned and
hired motor vehicles, including loading and unloading, and containing appropriate no-
fault insurance provisions where applicable.
(iii) Workers' Compensation Insurance: Workers' Compensation coverage in compliance
with the State of New Hampshire statutes, $100,000/$500,000/$ 100,000.
Operator shall maintain in effect at all times during the performance under this contract
all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by Operator are intended to and shall not in any manner limit or
qualify the liabilities and obligations assumed by Operator under this
contract. The Owner shall not maintain any insurance on behalf of Operator. Operator
sub-contractors are subject to the same insurance requirements as Operator and it shall be
the Operator’s responsibility to ensure compliance of this requirement.
All policies of insurance required to be maintained pursuant to Section 9.1(b) shall
include a provision that bars any cancellation or reduction in coverage in a manner that
affects the interests of Owner, without 30 days prior written notice to Owner, except for
termination for non-payment of premium which shall require 10 days prior written notice
to Owner. If the Operator fails to obtain insurance pursuant to Section 9.1(b), Owner has
the option of placing the coverages listed above and naming the Operator as an additional
insured at additional cost to the Operator
(c) Owner Coverage. Owner shall obtain all property and liability insurance
policies customarily maintained for the protection of a hydroelectric project, and shall
maintain such policies for the term of this agreement.
Section 9.2 - Certificates.
Operator will provide the Owner with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar
days after the Owner issues the notice of award. The certificates and endorsements for
each insurance policy must be signed by a person authorized by the insurer and who is
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