(A) Commencing with the issuance of a WECS Building Permit, the applicant shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death and illness, and property damage with limits of at least $5,000,000 per occurrence and in the aggregate; and, shall further maintain the above-stated lines of insurance from delivery of the "Notice to Proceed” by the applicant under the turbine supply and/or balance of plant construction contract(s) for the WECS Project, in coverage amounts of at least $5,000,000 per occurrence and $20,000,000 in the aggregate during the life of the WECS Project. The applicant shall file the original certificate of insurance upon commencement of project construction prior to the issuance of a WECS Building Permit, corresponding policies and endorsements to be provided within 60 days of issuance, and at each subsequent renewal, at least annually thereafter.
(B) The applicant (WECS permittee) shall defend, indemnify and hold harmless the county and its officers, appointed and elected officials, employees, attorneys, engineers and agents (collectively and individually, the “Indemnified Parties”) from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance and removal of the WECS and affiliated equipment including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including, without limitation, strict liability or negligence) or any acts or omissions of the applicant (WECS permitee), the owner or the operator under this chapter or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities arise from the negligence or intentional acts of such indemnified parties. This general indemnification shall not be construed as limiting or qualifying the county's other indemnification rights available under the law.
(Ord. O-147-05-23, passed 5-11-2023)