Insurance Requirements1. Without derogating from the Contractor's liability under the Agreement or under any applicable law, the Contractor undertakes to procure through insurers of repute and maintain at its sole expense, the insurances detailed hereunder (the "Contractor's Insurances") for the duration of performance of the Works and the technical support services agreement for the Network (“TSS Agreement”) and for such additional periods as may be expressly noted hereunder:a. An All Risks Installation Floater Insurance in the name of the Contractor and/or Sub-Contractors of any tier (herein the “Contractor”), the Customer, as loss payees as their interests may appear, covering property of any form forming part of the Equipment (including incidental civil works and infrastructures of any form) for full replacement value against loss or damage occurring during the performance of the Works as from time of Delivery until date of Final Acceptance, as well as loss or damage discovered during a period of twenty four (24) months from date of Final Acceptance of (the "Insurance Maintenance Period") due to any cause which arose during the performance of the Works. The policy shall include a waiver of subrogation in favor of the Customer and the Site owners/lessors as well as in favor of any other interested party towards whom the Customer has so undertaken, and anyone acting on behalf of any of the above; Provided however the said waiver shall not inure to the benefit of any person having willfully caused any loss or damage. The policy shall be extended to cover:- Loss of or damage to property worked upon or surrounding property in the custody of the Contractor, subject to a limit of at least US$5,000,000 per occurrence;- Loss of or damage to any equipment, tools, materials and/or test gear utilized by the Contractor in the performance of the Works; and- Loss of or damage to the Equipment and/or Services whilst in transit into and/or in storage within Vietnam;b. Third Party Liability Insurance in the name of the Contractor and/or Sub-Contractors of any tier the Customer as an additional insured with respect only to the operations of Contractor under the Agreement, subject a limit of indemnity of at least US$7,500,000 per occurrence and in the annual aggregate, in respect of liability at law for death and/or bodily or personal injury and/or damage to tangible property during the performance of the Works and the TSS Agreement. The policy shall include a cross liability clause and for the avoidance of doubt it shall provide that existing property of the Customer or of any Site owners/lessors shall be deemed to be third party property for the purpose of the policy. The policy shall expressly include liability deriving from the use of any motor vehicle or mobile equipment at or in the vicinity of the Site (excluding such liability insured under any statutory compulsory motor insurance) in excess of any coverage granted under a standard motor insurance policy. Furthermore the policy shall be extended to indemnify as additional insured with respect only to the operations of Contractor under the Agreement, the Site owners/lessors, as well as any other interested party towards whom the Customer has so undertaken, in respect of any liability that may devolve upon any of them during or as a result of the performance of the Works;c. Employers Liability Insurance in the name of the Contractor and/or Sub-Contractors of any tier, subject to a limit of liability of at least US$7,500,000 per occurrence and in the annual aggregate covering liability at law for death, bodily injury, illness or disease sustained by any person engaged in the performance of the Works during and as a result of performance of the Works. The insurance shall be extended to indemnify the Customer and/or any Site owner/lessor as well as any other interested party towards whom the Customer has so undertaken, should they be deemed, for the purpose of any work related accident, to bear any duty as an employer towards any person engaged in the performance of the Works.d. Products Liability Insurance subject to a limit of indemnity of at least US$7,500,000 any one occurrence and in the annual aggregate covering the Contractors liability at law, including liability in respect of any act or omission of any person or entity acting on its behalf, (whether as Sub-Contractors of any tier or otherwise) in respect of any claim or demand arising from bodily injury or damage to tangible property first made during the period of insurance deriving from any defect or fault in any Equipment and/or the Works. Subject to a cross liability clause, the insurance shall be extended to indemnify the Customer, as well as any other interested party towards whom the Customer has so undertaken, in respect of any liability deriving from any defect or fault in any Equipment and/or the Works. This insurance shall be maintained on an occurrence basis during the period of performance
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