Customer shall procure and keep in force during all periods of parallel operation of the renewable generation facilities with the utility's electric system, homeowners, commercial, or other insurance to protect the interests of the utility as a named insured, with insurance carriers acceptable to the utility, and in amounts not less than those reasonably determined by the utility to be necessary taking into consideration the nameplate capacity, configuration and type of the renewable generation facilities. The customer shall indemnify and hold harmless the utility, the City of Rising Sun, its employees, representatives, agents and subcontractors from and against all claims, liability, damages and expenses, including attorney's fees, based on any injury to any person, including the loss of life, or damage to any property, including the loss of use thereof, arising out of, resulting from, or connected with, or that may be alleged to have arisen out of, resulted from, or connected with, an act or omission by the customer, its employees, agents, representatives, successors or assigns in the construction, ownership, operation or maintenance of the customer's renewable generation facilities. If the utility is required to bring an action to enforce its rights under this § 50.37, either as a separate action or in connection with another action, and said rights are upheld, the customer shall reimburse the utility for all expenses, including attorney's fees, incurred in connection with such action.
(Ord. 2019-1, passed 4-4-19)