Ti	=	Insurance and Indemnity
1.Ti	=	Evidence of Insurance
1.1.sec	=	During the construction of the Facility, Seller shall, at Seller’s expense, maintain or cause to be maintained property damage insurance covering all wind-electric generation facilities at the Facility on an “all-risk” basis, for the full replacement value of such facilities.
1.2.0.sec	=	Commencing on the Completion Date, Seller shall, at Seller’s expense, maintain or cause to be maintained appropriate property and casualty loss insurance for the value of the Facility, and other appropriate insurance for the Facility in accordance with prudent wind industry practice, including as follows:
1.2.1.sec	=	Commercial General Liability covering bodily injury and property damage, boiler and machinery, products/completed operations, contractual and personal injury liability, with limits not less than $5,000,000 combined single limit per occurrence;
1.2.2.sec	=	All-risk property insurance including earthquake, tornado, and flood, subject to appropriate sublimits, covering physical loss or damage to all real and personal property located at the Facility.
1.2.	=	[G/Z/ol-i/s2]
1.3.sec	=	The insurance shall acknowledge BPA, its officers, agents, employees, and successors in interest as additional insureds.
1.4.sec	=	The insurance shall not affect Seller’s liability under the indemnity provisions of this Agreement and shall not be terminated, expire nor be materially altered except on thirty (30) days prior written notice to BPA and with BPA’s written concurrence. Such concurrence shall not be unreasonably withheld.
1.5.sec	=	As evidence that policies do in fact provide the required coverages and limits of insurance and are in full force and effect, Seller, and/or its contractor or representative, shall, at least fourteen (14) days prior to the Completion Date, furnish to BPA certificates of insurance.
1.	=	[G/Z/ol/s5]
2.Ti	=	Limitation on Liability
2.sec	=	Neither BPA nor Seller (“First Party”) shall be liable, whether in warranty, tort or strict liability, to the other Party (“Second Party”) for any injury or death to any person, or for any loss or damage to any property, caused by or arising out of any electric disturbance of the First Party’s electric system, whether or not such electric disturbance resulted from the First Party’s negligent act or omission. Each Second Party shall release the First Party from, and shall indemnify and hold harmless the First Party from, any such liability. As used in this Section, (1) the term “Party” means, in addition to such Party itself, its agents, directors, officers, contractors and employees; (2) the term “damage” means all damage, including consequential damage; and (3) the term “persons” means any person, including those not connected with either Party to this Agreement.
	=	[G/Z/ol-a/2]