INSURANCE The Operator shall obtain and maintain in full force and effect, at its sole cost and expense, throughout the Term with financially sound and reputable insurance companies, policies of insurance, which shall include the following coverages: FELA or compensation insurance, as applicable, in accordance with worker’s Applicable Law. Automobile liability insurance for bodily injury and property damage with a combined single limit of not less than $5 million covering vehicles owned or leased by the Operator. Pollution liability insurance of not less than $25 million per occurrence. In the case of compensation insurance, the Operator may at any time FELA/workers’ during the Term submit to the MBTA for approval a proposal pursuant to which the Operator would self-insure in lieu of securing the insurance policy described in Section 1.1.1 of this (Insurance) above. The MBTA shall review such proposal, Schedule 10 including information relevant to the financial stability and ability to Operator’s discharge and satisfy any FELA or compensation claims for which the Operator workers’ is responsible pursuant to this Agreement. The MBTA either shall approve such proposal, such approval not to be unreasonably withheld, delayed or conditioned, or reject such proposal and provide a written explanation of the reasons for such rejection. At no time during the Term shall the Operator fail to maintain either a FELA/workers’ compensation insurance policy or an MBTA-approved self-insurance plan. Insurance Policies Except for instances in which the MBTA permits the Operator to self-insure, the Operator shall ensure that all insurance coverage it obtains pursuant to this Agreement is AM Best Rated at least A- throughout the Term of the Agreement. The insurance specified in this Schedule 10 (Insurance) shall be secured through insurance companies authorized to do business in the Commonwealth or otherwise approved by the MBTA, and shall be in force on or before: the issuance of the Notice to Proceed, with respect the coverages required by Sections 1.1.1 and 1.1.2 of this Schedule 10 (Insurance) for the activities and Operator Personnel engaged during the Mobilization Period; and the Agreement Services Commencement Date, with respect to the coverages required by Sections 1.1.1, 1.1.2 and 1.1.3 of this (Insurance) with respect to the full performance of the Schedule 10
The Operator shall obtain and maintain in full force and effect, at its sole cost and expense, throughout the Term with financially sound and reputable insurance companies, policies of insurance, which shall include the following coverages: FELA or worker’s compensation insurance, as applicable, in accordance with Applicable Law. Automobile liability insurance for bodily injury and property damage with a combined single limit of not less than $5 million covering vehicles owned or leased by the Operator. Pollution liability insurance of not less than $25 million per occurrence. In the case of FELA/workers’ compensation insurance, the Operator may at any time during the Term submit to the MBTA for approval a proposal pursuant to which the Operator would self-insure in lieu of securing the insurance policy described in Section 1.1.1 of this Schedule 10 (Insurance) above. The MBTA shall review such proposal, including information relevant to the Operator’s financial stability and ability to discharge and satisfy any FELA or workers’ compensation claims for which the Operator is responsible pursuant to this Agreement. The MBTA either shall approve such proposal, such approval not to be unreasonably withheld, delayed or conditioned, or reject such proposal and provide a written explanation of the reasons for such rejection. At no time during the Term shall the Operator fail to maintain either a FELA/workers’ compensation insurance policy or an MBTA-approved self-insurance plan. Insurance Policies Except for instances in which the MBTA permits the Operator to self-insure, the Operator shall ensure that all insurance coverage it obtains pursuant to this Agreement is AM Best Rated at least A- throughout the Term of the Agreement. The insurance specified in this Schedule 10 (Insurance) shall be secured through insurance companies authorized to do business in the Commonwealth or otherwise approved by the MBTA, and shall be in force on or before: the issuance of the Notice to Proceed, with respect the coverages required by Sections 1.1.1 and 1.1.2 of this Schedule 10 (Insurance) for the activities and Operator Personnel engaged during the Mobilization Period; and the Agreement Services Commencement Date, with respect to the coverages required by Sections 1.1.1, 1.1.2 and 1.1.3 of this Schedule 10 (Insurance) with respect to the full performance of the INSURANCE