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17 2. Workers’ Compensation and Employer’s Liability: Workers’ Compensation If Operator is based outside the state of Minnesota, coverage must comply with Minnesota law. Statutory Employer’s Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Operator to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, Operator shall promptly submit copies of insurance policies to Subscriber. Operator shall not commence work until it has obtained required insurance and filed with Subscriber a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Subscriber as the certificate holder and as an additional insured for the liability coverage(s) for all operations covered under the Agreement. Operator shall furnish to Subscriber updated certificates during the term of this Agreement as insurance policies expire. 15.2 Limitation of Liability. The Parties will not be liable to the other Party for general, special, punitive, exemplary, indirect, incidental or consequential damages arising from or out of this Agreement. The total liability of Operator to Subscriber under this Agreement will in no event exceed the aggregate of all payments made by Subscriber under this Agreement during the preceding twelve (12) months. Prior to the first anniversary of the Commercial Operation Date, the total liability of Operator to Subscriber under this Agreement will not exceed the estimated amount of payments for the first calendar year. That amount will be Subscriber’s sole and exclusive remedy and all other remedies or damages at law or equity are waived. 16. COMPLIANCE 16.1 The Operator must comply with all applicable federal, state, and local laws, rules, and regulations, including any ruling of the Minnesota Public Utilities Commission (PUC). 16.2 Under the PUC Order in Docket Number E002/M-13-867, dated, the Operator will, at the request of Subscriber, provide documentation of continuing viability of the System, including but not limited to providing proof of sufficient financing; possession of required permits; certification of compliance with Federal Energy Regulatory Commission Form 556; or proof that the Operator has sufficient insurance to cover the ongoing installation, operation, or maintenance of the System. 17. MISCELLANEOUS 67