Common use of Insurance Conditions Clause in Contracts

Insurance Conditions. (a) The insurance in Sections 14.1(a) through 14.1(f) above shall be primary and non- contributing with respect to any insurance or self-insurance that may be maintained by either Party and shall waive all rights of subrogation against Exelon and its Affiliates. Completed Operations coverage, where applicable, will be maintained for not less than three (3) years after the end of operations under this Agreement. The limits required above may be shown as a combination of primary and excess umbrella limits. All coverage required by Section 14.1(b) shall contain standard cross liability provisions. (b) The insurance and the insurance policies required by this Section 14.2(b) shall provide that no less than thirty (30) days’ written notice shall be given to Exelon prior to any modification, cancellation, change or non-renewal of the policies or any reduction in coverage below the limits specified in Sections 14.1(a) through 14.1(f) above. Prior to the commencement of any Services annually during the term of this Agreement, Vendor shall promptly provide certificates of insurance evidencing that Vendor is maintaining the required coverage set forth above. Prior to the commencement of any Services and at Exelon’s request at any time thereafter, Vendor shall promptly provide certificates of insurance evidencing that Vendor is maintaining the required coverage set forth above. The insurers selected by Vendor shall be reasonably acceptable to Exelon and each have a rating in the Best’s Key Rating Insurance Guide (latest edition in effect on the latest date stated in the certificates of insurance referred to in the immediately preceding sentence) of A-/VII or better, or be otherwise acceptable to Exelon. Vendor shall require that its subcontractors, if any, maintain and, upon request, provide evidence of, insurance coverages as specified in this Article 14 naming Vendor and Exelon Corporation, its Affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, as an additional insured or loss payee where relevant. (c) In the case of loss or damage or other event that requires notice or other action under the terms of any insurance coverage specified in this Article 14, Vendor shall be solely responsible to take such action. Exelon shall notify Vendor, as soon as practicable, of any loss or damage or other event requiring notice or other action of which Exelon becomes aware, provided that the failure of Exelon to do so will not relieve Vendor of its obligations under this Section 14.2(c). Vendor shall provide Exelon with contemporaneous notice and with such other information as Exelon may request regarding the event. (d) Failure of Vendor to provide insurance as herein required or failure of Exelon to require evidence of insurance or to notify Vendor of any breach by Vendor of the requirements of this Article 14 shall not be deemed to be a waiver by Exelon of any of the terms of this Agreement, including the obligation of Vendor to defend, indemnify, and hold harmless Exelon as required herein. Commencement of Services without the required certificates of insurance shall not constitute a waiver by Exelon of any rights under this Agreement or any remedy, at law or in equity. The obligation to procure and maintain any insurance required herein is a separate responsibility of Vendor and independent of the duty to furnish a copy or certificate of such insurance policies. (e) In the event of any failure by Vendor to comply with the insurance requirements in this Article 14, Exelon may, without in any way compromising or waiving any right or remedy, at law or in equity, upon five (5) days’ written notice to Vendor, purchase such insurance, at Vendor’s expense, provided that Exelon shall have no obligation to do so and if Exelon shall do so, Vendor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. All such reasonable costs incurred by Exelon shall be promptly reimbursed by Vendor and/or may be withheld from any payment due Vendor, subject to the provisions of Section 9.7. (f) None of the requirements contained herein as to types, limits or Exelon’s approval of insurance coverage to be maintained by Vendor are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Vendor under this Agreement, any other agreement with Exelon, or otherwise provided by law.

Insurance Conditions. (a) The insurance in Sections 14.1(a) 1.1(a), through 14.1(f1.1(f) above shall be primary and non- non-contributing with respect to any insurance or self-insurance that may be maintained by either Party and shall waive all rights of subrogation against Exelon and its Affiliates. Completed Operations coverage, where applicable, will be maintained for not less than three (3) years after the end of operations under this Agreement. The limits required above may be shown as a combination of primary and excess umbrella limits. All coverage required by Section 14.1(b1.1(b) shall contain standard cross liability provisions. (b) The insurance and the insurance policies required by this Section 14.2(b1.2(b) shall provide that no less than thirty (30) days’ written notice shall be given to Exelon prior to any modification, cancellation, change or non-renewal of the policies or any reduction in coverage below the limits specified in Sections 14.1(a) 1.1(a), through 14.1(f1.1(f) above. Prior to the commencement of any Services and annually during the term of this Agreement, Vendor shall promptly provide certificates of insurance evidencing that Vendor is maintaining the required coverage set forth above. Prior to the commencement of any Services and at Exelon’s request at any time thereafter, Vendor shall promptly provide certificates of insurance evidencing that Vendor is maintaining the required coverage set forth above. The insurers selected by Vendor shall be reasonably acceptable to Exelon and each have a rating in the Best’s Key Rating Insurance Guide (latest edition in effect on the latest date stated in the certificates of insurance referred to in the immediately preceding sentence) of A-/VII or better, or be otherwise acceptable to Exelon. Vendor shall require that its subcontractors, if any, maintain and, upon request, provide evidence of, insurance coverages as specified in this Article 14 Exhibit 4 naming Vendor and Exelon Corporation, its Affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, as an additional insured or loss payee where relevant. (c) In the case of loss or damage or other event that requires notice or other action under the terms of any insurance coverage specified in this Article 14Exhibit 4, Vendor shall be solely responsible to take such action. Exelon shall notify Vendor, as soon as practicable, of any loss or damage or other event requiring notice or other action of which Exelon becomes aware, provided that the failure of Exelon to do so will not relieve Vendor of its obligations under this Section 14.2(c1.2(c). Vendor shall provide Exelon with contemporaneous notice and with such other information as Exelon may request regarding the event. (d) Failure of Vendor to provide insurance as herein required or failure of Exelon to require evidence of insurance or to notify Vendor of any breach by Vendor of the requirements of this Article 14 Exhibit 4 shall not be deemed to be a waiver by Exelon of any of the terms of this Agreement, including the obligation of Vendor to defend, indemnify, and hold harmless Exelon as required herein. Commencement of Services without the required certificates of insurance shall not constitute a waiver by Exelon of any rights under this Agreement or any remedy, at law or in equity. The obligation to procure and maintain any insurance required herein is a separate responsibility of Vendor and independent of the duty to furnish a copy or certificate of such insurance policies. (e) In the event of any failure by Vendor to comply with the insurance requirements in this Article 14Exhibit 4, Exelon may, without in any way compromising or waiving any right or remedy, at law or in equity, upon five (5) days’ written notice to Vendor, purchase such insurance, at Vendor’s expense, provided that Exelon shall have no obligation to do so and if Exelon shall do so, Vendor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. All such reasonable costs incurred by Exelon shall be promptly reimbursed by Vendor and/or may be withheld from any payment due Vendor, subject to the provisions of Section 9.7. (f) None of the requirements contained herein as to types, limits or Exelon’s approval of insurance coverage to be maintained by Vendor are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Vendor under this Agreement, any other agreement with Exelon, or otherwise provided by law.

Insurance Conditions. (a) The insurance in Sections 14.1(a) 1.1(a), through 14.1(f1.1(e) above shall be primary and non- non-contributing with respect to any insurance or self-insurance that may be maintained by either Party and shall waive all rights of subrogation against Exelon and its Affiliates. Completed Operations coverage, where applicable, will be maintained for not less than three (3) years after the end of operations under this Agreement. The limits required above may be shown as a combination of primary and excess umbrella limits. All coverage required by Section 14.1(b1.1(b) shall contain standard cross liability provisions. (b) The Certificates of insurance and the insurance policies required by this Section 14.2(b) shall provide that no less than thirty (30) days’ written notice shall be given to Exelon prior to any modification, cancellation, change or non-renewal of the policies or any reduction in coverage below the limits specified in Sections 14.1(a) 1.1(a), through 14.1(f1.1(e) above. Prior to the commencement of any Services annually during the term of this Agreementand at Exelon’s request at any time thereafter, Vendor shall promptly provide certificates of insurance evidencing that Vendor is maintaining the required coverage set forth above. Prior to the commencement of any Services and at Exelon’s request at any time thereafter, Vendor shall promptly provide certificates of insurance evidencing that Vendor is maintaining the required coverage set forth above. The insurers selected by Vendor shall be reasonably acceptable to Exelon and each have a rating in the Best’s Key Rating Insurance Guide (latest edition in effect on the latest date stated in the certificates of insurance referred to in the immediately preceding sentence) of A-/VII or better, or be otherwise acceptable to Exelon. Vendor shall require that its subcontractors, if any, maintain and, upon request, provide evidence of, insurance coverages as specified in this Article 14 Exhibit 3 naming Vendor and Exelon Corporation, its Affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, as an additional insured or loss payee where relevant. (c) In the case of loss or damage or other event that requires notice or other action under the terms of any insurance coverage specified in this Article 14Exhibit 3, Vendor shall be solely responsible to take such action. Exelon shall notify Vendor, as soon as practicable, of any loss or damage or other event requiring notice or other action of which Exelon becomes aware, provided that the failure of Exelon to do so will not relieve Vendor of its obligations under this Section 14.2(c1.1(c). Vendor shall provide Exelon with contemporaneous notice and with such other information as Exelon may request regarding the event. (d) Failure of Vendor to provide insurance as herein required or failure of Exelon to require evidence of insurance or to notify Vendor of any breach by Vendor of the requirements of this Article 14 Exhibit 3 shall not be deemed to be a waiver by Exelon of any of the terms of this Agreement, including the obligation of Vendor to defend, indemnify, and hold harmless Exelon as required herein. Commencement of Services without the required certificates of insurance shall not constitute a waiver by Exelon of any rights under this Agreement or any remedy, at law or in equity. The obligation to procure and maintain any insurance required herein is a separate responsibility of Vendor and independent of the duty to furnish a copy or certificate of such insurance policies. (e) In the event of any failure by Vendor to comply with the insurance requirements in this Article 14Exhibit 3, Exelon may, without in any way compromising or waiving any right or remedy, at law or in equity, upon five (5) days’ written notice to Vendor, purchase such insurance, at Vendor’s expense, provided that Exelon shall have no obligation to do so and if Exelon shall do so, Vendor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. All such reasonable costs incurred by Exelon shall be promptly reimbursed by Vendor and/or may be withheld from any payment due Vendor, subject to the provisions of Section 9.7. (f) None of the requirements contained herein as to types, limits or Exelon’s approval of insurance coverage to be maintained by Vendor are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Vendor under this Agreement, any other agreement with Exelon, or otherwise provided by law.

Insurance Conditions. (a) The insurance in Sections 14.1(a8.1(a) through 14.1(f8.1(f) above shall be primary and non- contributing noncontributing with respect to any insurance or self-insurance that may be maintained by either Party and shall waive all rights of subrogation against Exelon Skorpios and its Affiliatesaffiliates. Completed Operations operations coverage, where applicable, will be maintained for not less than three (3) years after the end termination of operations under this Agreement. The limits required above may be shown as a combination of primary and excess umbrella limits. All coverage required by Section 14.1(b8.1(b) shall contain standard cross liability provisions. (b) The insurance and the insurance policies required by this Section 14.2(b8.2(b) shall provide that no less than thirty (30) 30 days’ ' written notice shall be given to Exelon Skorpios prior to any modification, cancellation, change or non-renewal of the policies or any reduction in coverage below the limits specified in Sections 14.1(a8.1(a) through 14.1(f8.1(f) above. Prior to commencing performance under the commencement of any Services Purchase Order annually during the term of this Agreement, Vendor Supplier shall promptly provide certificates of insurance evidencing that Vendor Supplier is maintaining the required coverage set forth above. Prior to the commencement of any Services and at Exelon’s Skorpios’ request at any time thereafter, Vendor Supplier shall promptly provide certificates of insurance evidencing that Vendor Supplier is maintaining the required coverage set forth above. The insurers selected by Vendor Supplier shall be reasonably acceptable to Exelon Skorpios and each have a rating in the Best’s 's Key Rating Insurance Guide (latest edition in effect on the latest date stated in the certificates of insurance referred to in the immediately preceding sentence) of A-/VII A-XIl or better, or be otherwise acceptable to ExelonSkorpios. Vendor Supplier shall require that its subcontractors, if any, maintain and, upon request, provide evidence of, insurance coverages as specified in this Article 14 Section 8 naming Vendor Supplier and Exelon CorporationSkorpios, its Affiliates Skorpios’ affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, as an additional insured or loss payee where relevant. (c) In the case of loss or damage or other event that requires notice or other action under the terms of any insurance coverage specified in this Article 14Section 8, Vendor Supplier shall be solely responsible to take such action. Exelon Skorpios shall notify VendorSupplier, as soon as practicable, of any loss or damage or other event requiring notice or other action of which Exelon Skorpios becomes aware, provided that the failure of Exelon Skorpios to do so will not relieve Vendor Supplier of its obligations under this Section 14.2(c8.2(c). Vendor Supplier shall provide Exelon Skorpios with contemporaneous notice and with such other information as Exelon Skorpios may request regarding the event. (d) Failure of Vendor Supplier to provide insurance as herein required or failure of Exelon Skorpios to require evidence of insurance or to notify Vendor Supplier of any breach by Vendor Supplier of the requirements of this Article 14 Section 8 shall not be deemed to be a waiver by Exelon Skorpios of any of the terms of this Agreement, including the obligation of Vendor Supplier to defend, indemnify, and hold harmless Exelon Skorpios as required herein. Commencement of Services without the required certificates of insurance shall not constitute a waiver by Exelon Skorpios of any rights under this Agreement or any remedy, at law or in equity. The obligation to procure and maintain any insurance required herein is a separate responsibility of Vendor Supplier and independent of the duty to furnish a copy or certificate of such insurance policies. (e) In the event of any failure by Vendor Supplier to comply with the insurance requirements in this Article 14Section 8, Exelon Skorpios may, without in any way compromising or waiving any right or remedy, at law or in equity, upon five (5) days’ ' written notice to VendorSupplier, purchase such insurance, at Vendor’s Supplier's expense, provided that Exelon Skorpios shall have no obligation to do so and if Exelon Skorpios shall do so, Vendor Supplier shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. All And such reasonable costs incurred by Exelon Skorpios shall be promptly reimbursed by Vendor Supplier and/or may be withheld from any payment due Vendor, subject to the provisions of Section 9.7Supplier. (f) None of the requirements contained herein as to types, limits or Exelon’s Skorpios’ approval of insurance coverage to be maintained by Vendor Supplier are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Vendor Supplier under this Agreement, any other agreement with ExelonSkorpios, or otherwise provided by law.