§ A164-5. Indemnification; performance bond; liability.

A. 

Indemnification. Elizabethtown, its successors and assigns, by the acceptance of the grants, rights and privileges conferred by this ordinance, shall at all times and does hereby and will indemnify and hold harmless the Township of Kingwood and all of its subsidiary agencies, officials and employees from any and all claims of whatsoever kind or nature arising from or relating to the construction, installation, maintenance, laying, repairing, inspecting or altering of mains, conductors, pipes and appurtenances thereto and any other facilities including, but not by way of limitation, any damages, penalties, costs, attorney's fees and charges for personal injury, property damage or otherwise, based upon Elizabethtown's negligence or the negligence of its agents, servants, employees or independent contractors.

B. 

Performance bond. Prior to the commencement of any construction or installation under this municipal consent, Elizabethtown shall execute and deliver to the Clerk of the Township, and subject to prior review and approval by the Township Attorney, a bond in the amount of $10,000 guaranteeing the faithful performance of all of its obligations and undertakings under this ordinance, which bond shall be enlarged or renewed, from time to time as the Kingwood Township Committee may require.

C. 

Liability insurance. Elizabethtown agrees to maintain and keep in full force and effect, at its sole expense and at all times during the term and duration of this municipal consent, sufficient liability insurance naming the Township of Kingwood as an additional insured party and insuring and indemnifying the Township against any loss by any such claim, suit, judgment, execution or as follows:

(1) 

Elizabethtown shall carry workmen's compensation insurance with statutory limits.

(2) 

Elizabethtown shall at all times maintain a comprehensive general liability insurance policy with a single limit amount of $1,000,000 covering liability for any death, personal injury, property damage or other liability arising out of its construction and operation of the gas distribution systems herein and, in addition, an excess liability (or "umbrella") policy in the amount of $3,000,000.

(3) 

Elizabethtown shall furnish to the Township of Kingwood a certified copy or certificate of insurance of each of the policies as set forth herein.