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ARTICLE 13 - INSURANCE, LIABILITIES & INDEMNITIES
13.1. EXTENT OF INSURANCE COVERAGE:
The CONTRACTOR shall, at its own expense, keep the the Work, the OWNER Furnished Equipment and all machinery, material, equipment, appurtenances and outfit, delivered to the Shipyard for the Work or built into, or installed in or upon the Vessel fully insured with insurance companies and policies acceptable to OWNER payable in U.S. Dollars from the commencement of this Agreement until the Work has been completed and the Vessel has been redelivered to and accepted by OWNER. Such insurance, which is further described on Appendix 2 hereto, shall be carried with prime insurance companies and provide coverage corresponding to the latest form of Institute of London Underwriter clauses, extended to cover risks of war, including terrorism, as well as perils of strikes, riots and civil commotion, tests and trials, and protection and indemnity risks. The amount of such insurance coverage shall, up to the date of redelivery of the Vessel, be in an amount at least equal to, but not limited to, the value of the Work and the OWNER Furnished Equipment. One copy each of CONTRACTOR’s Risks insurance policies shall be delivered to OWNER prior to the commencement of the Work by CONTRACTOR. All losses under such policy or policies shall be payable to CONTRACTOR and OWNER as their respective interests may appear. Further, all deductibles and co-insurance arising under said policies shall be for the account of the CONTRACTOR. CONTRACTOR shall also arrange for and provide throughout the term of this Agreement (i) Employer’s Liability insurance with statutory limits as required by the law applying to the location of the Shipyard; and (ii) Comprehensive General Liability insurance covering bodily injury and property damage and ship repairer’s legal liability with limits of at least $1,000,000 each occurrence and $5,000,000 in the aggregate.
The OWNER shall provide the CONTRACTOR with a waiver of subrogation rights or rights of recourse from its insurer in respect of the Vessel
NAMING AND WAIVING:
OWNER and its Affiliates and their respective officers, directors, employees, agents, consultants and representatives shall be named as additional insured in each of CONTRACTOR’s policies of insurance, except Worker’s Compensation; however, CONTRACTOR shall be solely responsible for all premiums for such policies. All insurance policies of CONTRACTOR shall be endorsed to provide that underwriters and insurance companies of CONTRACTOR shall waive any right of subrogation against OWNER and its Affiliates and their respective officers, directors, employees, agents, consultants, representatives, invitees, servants, subcontractors, underwriters and insurance companies insofar as these Parties have entered into mutual hold harmless indemnities. CONTRACTOR shall also have its underwriters furnish OWNER a certificate prior to the commence of the Work specifying the types and amounts of coverage in effect, the expiration dates of each policy and a statement that no insurance will be cancelled or materially changed prior to the execution of the Protocol of Redelivery and Acceptance without at lease thirty (30) calendar days prior written notice to OWNER.#p#分页标题#e#
The providing of dollar amounts of insurance required to be carried hereunder shall not in any manner limit either Party’s liability under Article 13 (Insurance, Liabilities and Indemnities) and other provisions of this Agreement. None of (i) the providing of insurance in accordance with the requirements hereof, (ii) the failure of any insurance company to pay any claim accruing, or (iii) the insolvency, bankruptcy, or failure of any insurance company carrying insurance shall be held to waive any of the provisions of this Agreement with respect to the liability of the other Party or other-wise. In the event that a Party fails to maintain in full force and effect any of the required insurance, or if a Party fails to comply fully with anyhttp://www.ukassignment.org/daixieEssay/daixieyingguoessay/ of the insurance provisions of this Agreement, or if liability for any loss or damage is wrongfully denied by a Party’s insurance companies, or if any such insurance company shall become insolvent or bankrupt, such Party shall be deemed to be a self-insurer and shall indemnify, protect, defend, and hold harmless (collectively, "Indemnify") the other Party’s Additional Assureds against all claims, demands, suits, causes of action, judgments, awards, damages (including, without limitation, all attorneys' fees and other costs and expenses incurred in defending any such claims or other matters or in asserting or enforcing this indemnity obligation) (collectively, "Losses"), that would otherwise be covered by said insurances or by the liabilities of each respective Party under this Agreement.
13.2. TERMINATION OF THE CONTRACTOR'S OBLIGATION TO INSURE:
The CONTRACTOR's obligation to insure the Work and the OWNER Furnished Equipment hereunder shall cease as of the date and time set forth for redelivery of the Vessel and the Work in the Protocol of Redelivery and Acceptance.
13.3. INDEMNITY OF OWNER AND CONTRACTOR:
(a) CONTRACTOR shall indemnify, release, defend and hold OWNER Group harmless, and OWNER shall indemnify, release, defend and hold CONTRACTOR Group harmless, from and against any and all claims, damages, losses and/or actions in respect of (1) any personal injuries, illness or death suffered by the employees, agents, invitees or representatives of their own respective Group, arising out of or related to the performance of this Agreement; (2) damage to or loss of property sustained by the employees of their own respective Group arising out of or related to the performance of this Agreement and (3) any loss of or damage to their own property or the property of their own respective Group, arising out of or related to the performance of this Agreement.
(b) The indemnification and assumptions of risk contained in this Agreement shall apply without regard to cause or causes, including, without limitation, breach of contract, wilful misconduct, pre-existing defect in property, equipment or materials, the negligence or fault whether under common law, at statute or whether strict, whether sole, concurrent, active, passive, gross, primary or secondary, of any party hereto or any other person, including, without limitation, the party or person being released or indemnified, or otherwise, strict liability or the unseaworthiness of the Vessel or any other vessel, whether any such defect or unseaworthiness exists at the time of this Agreement or later arises.#p#分页标题#e#
(c) The indemnification and assumption of risk provisions of this Agreement shall be without limit and shall include the obligation to indemnify for any punitive or exemplary damages which might be awarded and reasonable attorney’s fees and costs incurred by the party receiving indemnification or being released. The indemnity or assumption of risk obligation shall also include reasonable attorney’s fees and costs incurred by the prevailing party in any action to enforce the indemnification or assumption of risk agreement. The Parties agree to provide each other within 14 days of commencement of the Work, with waiver of subrogation rights or rights of recourse of their respective insurers in respect of claims covered by the hold harmless and indemnity provisions in this Article.
(d) It is agreed with respect to any statutory limitations now or hereafter in effect and affecting the validity or enforceability of these indemnification or assumption of risk provisions, that such statutory limitations are made a part of this Agreement and shall operate to amend these indemnification or assumption of risk provisions only to the extent necessary to bring these provisions into conformity with the requirements of such statutory limitation, and as so modified, these provisions shall continue in full force and effect.
(c) The indemnities exchanged by the parties or assumed by them pursuant to this Article XIII or elsewhere in this Agreement shall survive the termination, expiration, rescission or cancellation of this Agreement, regardless of the cause, and shall continue to be applicable.
13.4. CONSEQUENTIAL DAMAGES:
a) CONTRACTOR shall not be liable for any Consequential Loss sustained by OWNER Group arising out of or related to the performance, non performance, partial or negligent (whether contractual or otherwise) performance of this Agreement.
b) OWNER shall not be liable for any Consequential Loss sustained by CONTRACTOR Group arising out of or related to the performance, non performance, partial or negligent (whether contractual or otherwise) performance of this Agreement.
13.5. POLLUTION:
Without limitation, the CONTRACTOR shall observe all laws and regulations governing pollution and its control. The CONTRACTOR shall at all times carry out the Work in a manner that shall not cause or result in pollution of the land, air or surrounding waters. In cases where the carrying out of a specific task will unavoidably result in a degree of pollution, the CONTRACTOR shall carry out such a task in a manner which at all times minimises the pollution and, continually throughout the carrying out of the task and on completion of the task. The CONTRACTOR will be responsible for taking all possible measures to make protection, clean up, neutralise or remove by whatever means the pollutant and/or its resultant effects on the land, air or surrounding waters. The CONTRACTOR shall ensure that its employees and any subcontractors and their employees employed by the CONTRACTOR are fully aware of the above requirements and the CONTRACTOR shall be responsible for enforcing such regulations and shall make such provisions as are required.#p#分页标题#e#
CONTRACTOR shall indemnify and hold harmless the OWNER Group from and against any claim of whatsoever nature arising from pollution caused by or arising from the Work being carried out by the CONTRACTOR Group.
OWNER shall indemnify and hold harmless the CONTRACTOR Group from and against any claim of whatsoever nature arising from pollution emanating from the Vessel or from the OWNER Furnished Equipment.
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