VESSEL/DOCKSIDE ACCESS:

1. Worker’s Compensation Insurance that complies with the laws of every State in which work is performed and which includes an endorsement providing coverage required by the U. S. Longshoremen’s and Harbor Workers’ Compensation Act and Outer Continental Shelf Lands Act, as amended. Such insurance shall be endorsed as primary to and non-contributory with any insurance carried by Buyer Group and shall waive underwriters’ rights of subrogation against Buyer Group.. Such insurance shall also contain an alternate/statutory employer endorsement naming Buyer Group as alternate and statutory employers and providing coverage to Buyer as alternate and/or statutory employers.
2. Employer’s Liability Insurance with limits of not less than $1,000,000 each accident, each employee. Such insurance shall be endorsed to provide maritime liability coverage including, but not limited to, coverage for claims under the Jones Act, General Maritime Law, Death on the High Seas Act and state law incorporated thereby.   Such insurance shall name Buyer Group as alternate employer, shall be endorsed as primary to and non-contributory with any insurance carried by Buyer Group, shall be endorsed to treat an “in rem” claim as a claim against the employer, and shall waive underwriters’ rights of subrogation against Buyer Group.
3. Business Automobile Liability Insurance with combined bodily injury and property limits of not less than $1,000,000 each occurrence, including coverage for all owned, non-owned, hired and/or rented vehicles, for operations conducted by Seller in all jurisdictions, both foreign and   Such insurance shall name Buyer Group as additional insureds, shall be endorsed as primary to and non-contributory with any insurance carried by Buyer Group and shall waive underwriters’ rights of subrogation against Buyer Group.
4. Comprehensive General Liability Insurance under the occurrence form with limits of not less than $1,000,000 combined single limits / $2,000,000 general aggregate, providing coverage for, among other things, bodily injury, illness and property damage. Such insurance shall delete the watercraft,  Insured’s Work/Product and Impaired Property exclusions.  Such insurance shall be endorsed to provide products/completed operations coverage, ship repairers’ coverage, “in rem” coverage, contractual liability coverage (including coverage for the defense and indemnity obligations undertaken in this contract) and sudden and accidental pollution. Such insurance shall also name Buyer Group as additional insureds, shall be endorsed as primary to and non-contributory with any insurance carried by Buyer Group and shall waive underwriters’ rights of subrogation against Buyer Group.
5. If Seller rents, leases or utilizes vessels, barges or other marine equipment and/or marine services hereunder, Seller, in addition to all other insurance coverages required herein, shall carry, or cause owner of such equipment to carry:
   1. Hull and Machinery Insurance including, unless covered elsewhere, collision liability and towers liability, if such equipment is engaged in towing operations, in an amount not less than the full insured value in respect of all such equipment;
   2. Full Protection & Indemnity Insurance including collision and towers liability, if such equipment is engaged in towing operations, with primary limits of $1,000,000 per occurrence, and excess liability coverage in the amount of $10,000,000 over and above the primary limits. Such insurance shall be endorsed to provide contractual liability, contractual removal of wreck or debris and third party and statutory pollution.
   3. The above insurance shall waive all “owner” and “as owner of” clauses and any other clauses that purport to limit insurers’ coverage obligation to the value of the vessel. Such insurance shall also name Buyer Group as additional insureds, shall be endorsed as primary to and non-contributory with any insurance carried by Buyer Group and shall waive underwriters’ rights of subrogation against Buyer Group.
6. If Seller provides Professional services, including but not limited to engineering, design, calibration, and surveying; the Seller shall provide Professional Liability Insurance with limits of not less than $5,000,000 to cover errors and omissions for such Professional service.
7. Excess Liability Insurance coverage with limits of at least $5,000,000 on following form excess of the coverage’s set out in paragraphs “a-e” above.
8. All insurance required under this Contract shall be carried by Seller with insurance companies rated not less than AM Best “A-VII“ or which are otherwise acceptable to Buyer per written confirmation. All of the policies referenced in this Contract shall provide at least thirty (30) days written notice of cancellation of policy or of any other material change that would reduce the insurance or liability of the respective policies.  All policies shall be endorsed and/or written to afford the Buyer Group no less coverage than that provided to the named insured, and shall not limit coverage based on the completion of Seller’s operations or the existence of Buyer Group fault or strict liability.  If Seller employs any subcontractors, then Seller will require that Seller’s subcontractors obtain the same insurance policies and conditions in favor of the Buyer Group.
9. If any of the policies of insurance required above fail to afford coverage to the Buyer Group for any reason, Seller shall assume the role of insurer.
10. Seller’s compliance, or its failure to comply, with the insurance provisions of this Agreement shall not relieve or limit its obligation to indemnify or hold the Buyer Group harmless where and to the extent so required by the provisions of this Agreement.