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Information Doc RFPWTE - Petroleum Corporation Of Jamaica

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d) USER is not required to indemnify any Indemnified Person for any cost,<br />

expense, loss, claim or liability to the extent caused by that Person's<br />

negligence or willful acts or omissions.<br />

6. Insurance.<br />

a) SUPPLIER and any subcontractors of the SUPPLIER that are performing<br />

services related to SUPPLIERS responsibilities and obligations under this<br />

Agreement, shall obtain and maintain throughout the Initial Term and any<br />

Renewal Terms of this Agreement at its expense insurance coverage to be<br />

agreed upon by the parties.<br />

b) SUPPLIER shall furnish USER at the time this Agreement is executed and<br />

on the anniversary thereafter throughout the initial Term and any renewal<br />

Term coverage required in this Agreement.<br />

c) Immediately upon the occurrence of any injury, loss or damage arising out<br />

of the performance of this Agreement, SUPPLIER shall promptly advise<br />

USER of the circumstances and particulars.<br />

7. Termination<br />

a) Either party may terminate this Agreement for cause immediately without<br />

prejudice to any other rights or remedies the terminating Party may have<br />

under the law, except as provided herein, if any of the following events<br />

(“Terminating Events”) occur:<br />

(a) suspend or liquidate its business<br />

(b) become insolvent or subject to a petition of involuntary<br />

bankruptcy and the appointment of trustee or receiver,<br />

(c) make an assignment for the benefit of creditors or<br />

(d) fail to perform a material obligation under this Agreement, and<br />

such failure shall not have been cured within ____ days of notice<br />

by the non-defaulting Party to the defaulting Party.<br />

b) Any obligation for the payment of money, indemnity or otherwise, which<br />

shall have arisen from the conduct of the Parties pursuant to this<br />

45

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