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SECTION 14 Insurance and Bonds
<br />(a) 13p - Imei— eo: Ameresco shall provide and maintain at its expense the following insurance
<br />coverage:
<br />(i) \Worker; Compensation and Employer's Liabilities Insurance is required by applicable
<br />State taw.
<br />(ii) Commercial General Liability losurance, including contractual liability. Bodily Injury
<br />per person, $'l million; Bodily hrjury per occurrence, $1 million; Property- Damage per
<br />occurrence, Sl million; Personal Injury per occurrence, $1 million.
<br />Comprelicusive Automobile Liability Insurance, including owned, non -owned and
<br />hired automotive equipment of, Bodily Injury per person, $1 million; Bodily Injury
<br />per occurrence, it million: Property- Damage per occurrence, $1 million.
<br />(iv) Umbrella Liability $5 million in the aggregate. Aoreresco's subcontractors shall not
<br />be required to carry umbrella liability insurance in excess of limits required lay
<br />Ameresco.
<br />Ameresco shall deliver to Customer a Certificate of insurance naming Customer as an
<br />additional insured pare under paragraphs (ii) and (iii), above.
<br />(b) Ameresco shall deliver to Customer Pm ment and Performance Bonds in a sum equal to the
<br />Contract Cost conditioned upon faithful performance of the -Agreement by Ameresco, for the
<br />implementation of the 1- (:M(s) as it nary be from time to time modified by Change Orders yvithin ten
<br />(10) days of issuance of a Notice to Proceed. Nomitltstanding any provision to the crnttrarl• herein,
<br />any payment and performance bonds associated Niith this Agreement guarantee only the performance
<br />of the installation portion of this Agreemcut, and shall not be ecrostrued to guarantee the performance
<br />of: (1) am efficieun or ere {gy savings guarantees, (2) env support or maintenance sen icc agrecmtcut,
<br />or (3) all other guarantees or warranties with reran., beyond one (1) yen• m duration from the
<br />completion of the installation portion of this Agreement.
<br />(c) 13y Gr.r /omrr Without limiting am' of its obligations or liabilities under this Agreement.
<br />Customer shall provide and maintain at its expense, insurance coverage consistent with the
<br />requitcgterm of Indiana Code 34- 13 -3 -4. as the same may be amended, superseded or recodified
<br />from time to time and its obligations under this ASnc•cnnen t.
<br />SECTION 15 Indemnification and Limitation of Liability
<br />(a) Anything in this Agre•cment to the eontran nomirhstanding, neither Part nor its respective
<br />offiecn, directors, agents, ennployces, parent, subsidiaries or affiliates or their affiliates'
<br />officers, directors, agents or cnnployees shall be liable, irrespective of whether such claim of
<br />hibilin- is laced upon breach of warrants, tort, (including negligence, whether of any of the
<br />Parties to this AArecntrnt or others), strict liability, coutraet, operation of law or othcnyise, to
<br />atmv other Party, or its affiliates, officers, directors, agents, employees, successors or assignee, or
<br />their respective insureds, for incidental, delay, punitive or eonsequeutial daunages comtected
<br />with, related to or arising from performance or non - performance of this Agrecmemt, or ant•
<br />action or inaction in connection therewith including claims in the nature of lost revenues,
<br />income or profits (other than payments expressly required and due under this Agreement),
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