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SECTION 14 Insurance and Bonds
<br />(a) 13y Amenef n Aateresco shall provide aiid maintain at its expense the following insurance
<br />COVerage:
<br />(i) \\'orkers' Compensation and Employer's Liability Insurance as required by applicable
<br />State law.
<br />(i) Commercial General l.iabilin- Insurance, including contractual liability, Bodily Injury
<br />per person, $1 million; Bodily Injury per occurrence, $1 million; Property bamnge per
<br />occurrence, 51 million; Personal Injury per occurrence, $1 million.
<br />(ii) Comprehensive Automobile Liabilio. insurance, including owned, non -owned and
<br />hired automotive equipment of, Bodily injury per person, $1 million; Bodily Injury
<br />per occurrence, Sl mil lion: Property Damage per occurrence, $1 million.
<br />(iv) Umbrella Liabilitv $5 million in the aggregate. Ameresco's subcontractors shall not
<br />be required to carry umbrella liability insurance in excess of limits required bl
<br />Ameresco.
<br />Ameresco shall deliver to (1stomer a Certificate of Insurance naming Customer as an
<br />additional insured park under paragraphs (ii) and (iii), above.
<br />(b) Anlcreaco shall deliver to Customer Pm ment and Perfonnamee Bonds in a nun equal to the
<br />Contract Cost conditioned upon faithful perfonnance of the Agreement b% Ameresco, for the
<br />implementation of the 1--CM(s) as it may be from time to time modified by Change Orders within ten
<br />(10) dais of issuance of a Notice to Proceed. Notwithstanding any provision to the contary herein,
<br />any payment and perfornance bonds associated Nvith this Agreement guarantee only the performance
<br />of the installation portion of this .lgreement, and shall not be construed to guarantee the perfonnance
<br />of (1) any efficiency or energy sayings guarantees, (2) any support or maintenance service agreement,
<br />or (3) any odrer guarantees or warranties with terms beyond one (1) year in duration from the
<br />completion of the installation portion of this Agreement.
<br />(c) 1). 01 "-I llm Without limiting ally of its obligations or liabilities under this Agreement,
<br />Customer shall provide and maintain at its expense, insurance coverage consistent with the
<br />requirement, of Indiana Code \' 34- 13 -3 -4, a, the same may be amended, superseded or recodified
<br />from time to rime and its obligations under this ;1Snccuent.
<br />SECTION 15 Indemnification and Limitation of Liabili
<br />(a) Anything in this Agreement to the contrary nomithstanding, neither Parn nor its respective
<br />officers, directors, agents, employees, parent, subsidiaries or affiliates or their affiliates'
<br />officers, directors, agents or employees shall be liable, irrespective of whether such claim of
<br />Imbilin is based upon breach of warranty, tort, (including negligence, whether of any of the
<br />Parties to this Ayre•ement or others), strict liability, contract, operation of lacy or othe•nvise, to
<br />any other Party, or its affiliates, officers, directors, agent , employees, successors or assignrs, or
<br />their respective insureds, for incidental, delve, punitive or consequential damages connected
<br />with, related to or arising from performaance or non - performance of this agreement, or stn•
<br />action or inaction in connection therewith including claims in the nature of lost revenues,
<br />income or profit, (other than payments expressly required and due under this agreement),
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