WMOD00206

• Applicant: North American Weather Consultants
• Project Name: Grand Mesa
• Date: 11/1/1985
• Weather Modification - Doc Type: Contract

1-2 ~ERFORMANCE

1-2.1 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (APR 1984 DEVIATION)

(.) (1) Except .s provided In subpar'graph (2) Immedl.tely following, or In p.ragraph (h) of this
clause (If The clause has a peragraph (h)), the Contractor shall provide and maintain workers'
compensation, employerls Ilab' I 'ty, comprehensive general I labi I i'ty (bodily Injury), ,comprehensive
aUTomoTive IIabl11fy (bod1ly Injury and properTY damage) Insurance, and such other Insurance as
the COntraCTing Officer mey require under this contract.

(2) The Contractor may, with The approval of The Contract;"g Officer, mainTain a self-
insurance program; provided 'thaT, with respect to workers' compensation, the Contractor Is
Qualified pursuanT to statutory aUThority.

(3) All insurance required by This paragraph shall be In a form and amount and for those
periOdS as the COntracting Officer may require or approve and with Insurers approved by the
Contracting Officer.

(b) The Contractor agrees to submit for The Contracting Officer's approval, to the extent end In
the manner required by the COntracting Officer, and other insurance that is maintained by the
Contractor In connectIon wlth The performance of thls contract and for whIch the ContraCTor seeks
reimbursement.

(c) Except.s provided In paragr.ph (h) of this clause (If the clause has. 'paragraph (h)), the
Contractor shal I be relmbursed--

(1) For that portion (i) of the reasonable cost of Insurance allocable to this contract and
(II) requIred or approved under this clause; and

(2) For certain II.bllltles (.nd expenses Incldentlal to such liabilities) to third persons
not compensaTed by Insurance or otherwise but subject to the "limitation of Costtt or
"Llmlti!ltlon of Funds" cl8use of this contraCT. These liabiliTies muST arise out of the perfor-
mance of this contract, whether or nOT caused by the negligence of the Contractor or of the
Contractor's agents, servants, or employees, and must be represented by final judgments or
settlements approved In writing by The Government. These 118bl1itles are for- -

(I) Loss of or damage to property (other than property owned, occupied, or used by the
Contr8ctor, rented to the Contractor, or In the cere, custOdy, or control of the
ConTracTor); or

(II) De.th or bodily Injury.

(d) The Government's liability under paragr.ph (c) of this clause Is subject to the ,v.ll.blllty
of appropriated funds aT the time a contingency occurs. Nothing in this contr8ct shal I be
construed as Implying that the Congress wi II, at a later date, appropriate funds suffIcient to
meet deficiencies.

(e) The ConTraCTor shall not be reimbursed for IJabl I'T'es and expenses Inciden~al to such
I I.bl I Itlesl-

(1) For which ~he ContraCTor is otherwise responsible under the express Terms of any clause
.speclfled In ~he Schedule or elsewhere In the contraCT;

(2) For which the ConTractor h~s f~'led to lnsure or to mainTain Insurance as required by the
ContraCTing Officer; or

(3) That result from willful misconduct or lack of good faith on the ~rt of any of the
ConTractor's direCTors, officers, managers, superinTendenTs. or other representatives who have
supervision or direction of--

(I) AI I or substantially al I of the Contractor's buslness;

(I I) AI I or subsTantially al I of the Contractor's oper~tions aT anyone plant or separaTe
location In which th1s contract is being performed; or

(Iii) A separate and complete major industrial operation in connection with the performance
of this contracT.

(f) The provisions of paragraph (9) of This clause shal I not reSTriCT the right of the ConTr~ctor
to be reimbursed for the cost of insurance melntalned by the ConTractor in connection with the
performance of this contraCT, OTher than Insurance required In accordance with this clause; pro-
~, that such cost Is al low~ble under the Allowable COST and Payment clause of this oontr~.

1-6