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<br />203193300.19 -35-
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<br />17.2 Operator shall include in every subcontract the requirement that the Agent maintain
<br />adequate insurance coverage with appropriate limits and endorsements to cover the risks associated with
<br />work to be performed by the Agent. To the extent that an Agent does not procure and maintain such
<br />insurance coverage, Operator shall be responsible for any and all costs and expenses that may be incurred
<br />in securing such coverage or in fulfilling Operator’s indemnity obligation under Section 16 as to itself or
<br />any of its Agents in the absence of such coverage.
<br />17.3 In the event Operator or its Agents procure excess or umbrella coverage to maintain certain
<br />requirements outlined below, these policies shall also satisfy all specified endorsements and stipulations,
<br />including provisions that Operator’s or its Agent’s insurance, as the case may be, be primary without right
<br />of contribution from MTC.
<br />17.3.1 Workers' Compensation Insurance with Statutory limits, and Employer’s Liability
<br />Insurance with a limit of not less than $1,000,000 per employee for injury by disease
<br />and $1,000,000 for injury for each accident, and any and all other coverage of
<br />Operator’s employees as may be required by applicable law. Such policy shall contain
<br />a Waiver of Subrogation in favor of MTC. Such Workers’ Compensation &
<br />Employer’s Liability may be waived, if and only for as long as Operator is a sole
<br />proprietor or a corporation with stock 100% owned by officers with no employees.
<br />17.3.2 Commercial General Liability Insurance for Bodily Injury and Property Damage
<br />liability, covering the operations of Operator and Operator’s officers, agents, and
<br />employees and with limits of liability which shall not be less than $1,000,000
<br />combined single limit per occurrence with a general aggregate liability of not less than
<br />$2,000,000, and Personal & Advertising Injury liability with a limit of not less than
<br />$1,000,000. Such policy shall contain a Waiver of Subrogation in favor of MTC.
<br />MTC and its commissioners, directors, officers, representatives, agents and employees
<br />are to be named as additional insureds. In addition, the entities listed in Section 17.12
<br />and their respective commissioners, directors, officers, representatives, agents and
<br />employees are also to be named as additional insureds. Such insurance shall be
<br />primary and contain a Separation of Insureds Clause as respects any claims, losses or
<br />liability arising directly or indirectly from Operator’s operations.
<br />17.3.3 Business Automobile Insurance for all automobiles owned (if any), used or maintained
<br />by Operator and Operator’s officers, agents and employees, including but not limited to
<br />owned (if any), leased (if any), non-owned and hired automobiles, with limits of
<br />liability which shall not be less than $1,000,000 combined single limit per accident.
<br />17.3.4 Umbrella Insurance in the amount of $4,000,000 providing excess limits over
<br />Employer’s Liability, Automobile Liability, and Commercial General Liability
<br />Insurance. Such umbrella coverage shall be following form to underlying coverage
<br />including all endorsements and additional insured requirements.
<br />17.3.5 Errors and Omissions Professional Liability Insurance for errors and omissions and the
<br />resulting damages, including, but not limited to, economic loss to MTC and having
<br />minimum limits of $5,000,000 per claim. Such policy shall contain cyber risk
<br />coverages including network and internet security liability coverage, privacy liability
<br />coverage and media coverage. The policy shall provide coverage for all work
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