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required to reimburse or indemnify any Indemnified Party for any Loss to the extent such Loss is
<br /> caused by the sole negligence or willful misconduct of any Indemnified Party or the Indemnified
<br /> Parties conduct in breach of this Agreement. For the purposes hereof,the term "Loss" means any
<br /> penalties, obligations, damages, losses, liabilities, payments, costs and expenses (including
<br /> without limitation reasonable attorney's fees and court costs). The provisions of this Section 16.1
<br /> shall survive the expiration or termination of this Agreement.
<br /> ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, EACH
<br /> PARTY HEREBY WAIVES EVERY RIGHT OR CAUSE OF ACTION FOR ANY AND ALL
<br /> LOSS OF, OR DAMAGE TO (WHETHER OR NOT SUCH LOSS OR DAMAGE IS CAUSED
<br /> BY THE FAULT OR NEGLIGENCE OF THE OTHER PARTY OR ANYONE FOR WHOM
<br /> SAID OTHER PARTY MAY BE RESPONSIBLE) THE PREMISES, THE SYSTEM OR ANY
<br /> IMPROVEMENTS ON ANY OF THE FOREGOING, OR TO THE PERSONAL PROPERTY
<br /> OF EITHER PARTY, OR THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES,
<br /> AGENTS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS,
<br /> PARTNERS, CONTRACTORS, SUBCONTRACTORS OR EMPLOYEES, REGARDLESS OF
<br /> CAUSE OR ORIGIN. THESE WAIVERS AND RELEASES SHALL APPLY BETWEEN
<br /> THE PARTIES, AND FOR THE BENEFIT OF THEIR CONTRACTORS AND
<br /> SUBCONTRACTORS, AND THEY SHALL ALSO APPLY TO ANY CLAIMS UNDER OR
<br /> THROUGH EITHER PARTY AS A RESULT OF ANY ASSERTED RIGHT OF
<br /> SUBROGATION.
<br /> 15.2 Lien Waiver. Owner shall pay when due all valid charges from all contractors,
<br /> subcontractors and suppliers supplying goods or services to Owner under this Agreement and
<br /> shall keep the Premises free and clear of any liens related to such charges. Owner shall
<br /> indemnify Host for all claims, losses, damages, liabilities and expenses resulting from any liens
<br /> filed against the Premises in connection with such charges; provided, however, that Owner shall
<br /> have the right to contest any such lien, so long as it provides a statutory bond or other reasonable
<br /> assurances of payment that either remove such lien from title to the Premises or that assure that
<br /> any adverse judgment with respect to such lien will be paid without affecting title to the
<br /> Premises.
<br /> 16. INSURANCE. Owner, at its own expense, shall provide and maintain insurance coverage
<br /> during tlie complete term of the Agreement that conforms in all material respects with the
<br /> following requirements:
<br /> 16.1 Workers' Com�ensation and Emplover's Liabilitv Insurance. Statutory Workers'
<br /> Compensation coverage for all of its employees, including occupational disease coverage, as
<br /> required by applicable law, and employer's liability with limits of at least $1,000,000 bodily
<br /> injury each accident, $1,000,000 bodily injury by disease per employee, and $1,000,000 bodily
<br /> injury by disease in the aggregate.
<br /> 16.2 Commercial General Liabilitv Insurance. Commercial General Liability Insurance
<br /> written on an "occurrence" basis with a combined single limit of at least $1,000,000 per
<br /> occurrence and $2,000,000 in the aggregate, including bodily injury, hazards of operation, broad
<br /> form property damage liability coverage, products/completed operations coverage, independent
<br /> ATTY/AGR/2014.021/POWER EFFICIENCY CHARGING SITE
<br /> REV:02-24-14 MLG
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