Common use of General Insurance Provisions Clause in Contracts

General Insurance Provisions. The Offeror shall procure and maintain the following described insurance, except for coverages specifically waived in writing by the County. Such policies shall be from insurers with a minimum financial size of VIII (8) according to the latest edition of the AM Best Rating Guide. An “A” or better Best Rating is preferred, however, other ratings may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require and shall be responsible for assuring throughout the time the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, the insurance coverages described herein as are required by law to be provided on behalf of their employees and others. If the Offeror fails to follow this requirement, then the Offeror’s insurance will become primary to cover any loss that may occur or is alleged to have occurred. The required insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. These insurance requirements shall not limit the liability of the Offeror. The County does not represent these types or amounts of insurance to be sufficient or adequate to protect the Offeror's interests or liabilities but are merely minimums required for the Offeror to be considered for the work that is the subject of this contract. Except for worker's compensation and professional liability, the Offeror's insurance policies shall be endorsed to name Escambia County, Florida Board of County Commissioners as an additional insured to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase and maintain coverage on forms no more restrictive that the latest edition of the ISO (Insurance Services Office) commercial General Liability and Business Auto policies. The Offeror waives its right of recovery against the County, to the extent permitted by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed to the County and may be disapproved by the County. The County may require them to be reduced or eliminated at the sole option of the County. The Offeror will remain responsible for any deductible or self-insured retention. Insurance required of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out of this agreement, contract, or lease.

Appears in 7 contracts

Samples: Agreement, Standard Construction Contract Documents, Agreement

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General Insurance Provisions. The Offeror All policies of insurance and renewals thereof required under this Agreement shall procure and maintain the following described insurance, except for coverages specifically waived in writing by the County. Such policies shall be from insurers contain provisions complying with a minimum financial size of VIII (8) according to the latest edition of the AM Best Rating Guide. An “A” or better Best Rating is preferred, however, other ratings may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require hereof and shall be responsible for assuring throughout issued by such insurer or insurers as shall be financially responsible, qualified to do business in the time State and of recognized standing. The Company shall have the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, right to carry the insurance coverages described herein provided for in this Agreement or any portion thereof under blanket policies. All insurance as are required by law to form, amount and insurance broker shall be provided on behalf reasonably satisfactory to the Authority. All policies shall require that no less than thirty (30) days’ written notice of their employees cancellation or material change will be given to the Authority and othersthe Trustee. If the Offeror fails to follow this requirement, then the Offeror’s insurance will become primary to cover any loss that may occur or is alleged to have occurred. The required All cost of insurance shall be obtained and written for not less than borne by the limits Company. On or prior to the Date of liability specified hereinafterIssuance, or as the Company will deliver to the Authority certificates of insurance evidencing the insurance which is required by law, whichever is greaterthis Agreement. These Any certificate of insurance requirements furnished pursuant hereto shall not limit set forth the liability of the Offeror. The County does not represent these types or amounts of insurance and coverage, shall evidence that such amounts are at least equal to the amounts required by this Article VII and shall evidence that the related policy or policies of insurance insure against the risks set forth hereinabove, cannot be adversely modified or canceled without thirty (30) days’ prior written notice to the Trustee and the Authority, and have a replacement cost endorsement meeting the requirements hereof. All insurance is required commencing from the date hereof and is to be sufficient continued throughout the term of this Agreement. All property and liability insurance shall be so written or adequate endorsed as to protect make the Offeror's Authority and the Trustee additional insureds under such policies as their interests may appear. The Company shall not violate or liabilities but are merely minimums required for the Offeror permit to be considered for violated any of the work that is conditions of the subject policies of this contractinsurance required to be maintained hereunder. Except for worker's compensation and professional liability, the Offeror's All liability insurance policies covering the Prior Project shall provide, inter alia, that the Authority and the Trustee shall not be endorsed subject to name Escambia County, Florida Board of County Commissioners as an additional insured defenses otherwise available to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase and maintain coverage on forms no more restrictive that the latest edition of the ISO (Insurance Services Office) commercial General Liability and Business Auto policies. The Offeror waives its right of recovery insurer against the County, insured thereunder. With respect to all policies of insurance which the extent permitted by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed Company is hereinabove required to the County and may be disapproved by the County. The County may require them to be reduced or eliminated at the sole option of the County. The Offeror will remain responsible for any deductible or self-insured retention. Insurance required of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out of this agreement, contract, or lease.carry:

Appears in 2 contracts

Samples: Loan Agreement (Macquarie Infrastructure Corp), Loan Agreement (Agl Resources Inc)

General Insurance Provisions. The Offeror All policies of insurance and renewals thereof required under this Agreement shall procure and maintain the following described insurance, except for coverages specifically waived in writing by the County. Such policies shall be from insurers contain provisions complying with a minimum financial size of VIII (8) according to the latest edition of the AM Best Rating Guide. An “A” or better Best Rating is preferred, however, other ratings may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require hereof and shall be responsible for assuring throughout issued by such insurer or insurers as shall be financially responsible, qualified to do business in the time State and of recognized standing. The Company shall have the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, right to carry the insurance coverages described herein provided for in this Agreement or any portion thereof under blanket policies. All insurance as are required by law to form, amount and insurance broker shall be provided on behalf reasonably satisfactory to the Authority. All policies shall require that no less than thirty (30) days’ written notice of their employees cancellation or material change will be given to the Authority and othersthe Trustee. If the Offeror fails to follow this requirement, then the Offeror’s insurance will become primary to cover any loss that may occur or is alleged to have occurred. The required All cost of insurance shall be obtained and written for not less than borne by the limits Company. On or prior to the Effective Date, the Company will deliver to the Authority certificates of liability specified hereinafter, or as insurance evidencing the insurance which is required by law, whichever is greaterthis Agreement. These Any certificate of insurance requirements furnished pursuant hereto shall not limit set forth the liability of the Offeror. The County does not represent these types or amounts of insurance and coverage, shall evidence that such amounts are at least equal to the amounts required by this Article VII and shall evidence that the related policy or policies of insurance insure against the risks set forth hereinabove, cannot be adversely modified or canceled without thirty (30) days’ prior written notice to the Trustee and the Authority, and have a replacement cost endorsement meeting the requirements hereof. All insurance is required commencing from the date hereof and is to be sufficient continued throughout the term of this Agreement. All property and liability insurance shall be so written or adequate endorsed as to protect make the Offeror's Authority and the Trustee additional insureds under such policies as their interests may appear. The Company shall not violate or liabilities but are merely minimums required for the Offeror permit to be considered for violated any of the work that is conditions of the subject policies of this contractinsurance required to be maintained hereunder. Except for worker's compensation and professional liability, the Offeror's All liability insurance policies covering the Prior Project shall provide, inter alia, that the Authority and the Trustee shall not be endorsed subject to name Escambia County, Florida Board of County Commissioners as an additional insured defenses otherwise available to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase and maintain coverage on forms no more restrictive that the latest edition of the ISO (Insurance Services Office) commercial General Liability and Business Auto policies. The Offeror waives its right of recovery insurer against the County, insured thereunder. With respect to all policies of insurance which the extent permitted by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed Company is hereinabove required to the County and may be disapproved by the County. The County may require them to be reduced or eliminated at the sole option of the County. The Offeror will remain responsible for any deductible or self-insured retention. Insurance required of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out of this agreement, contract, or lease.carry:

Appears in 2 contracts

Samples: Loan Agreement (Agl Resources Inc), Loan Agreement (Agl Resources Inc)

General Insurance Provisions. The Offeror All policies of insurance and renewals thereof required under this Agreement shall procure and maintain the following described insurance, except for coverages specifically waived in writing by the County. Such policies shall be from insurers contain provisions complying with a minimum financial size of VIII (8) according to the latest edition of the AM Best Rating Guide. An “A” or better Best Rating is preferred, however, other ratings may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require hereof and shall be responsible for assuring throughout issued by such insurer or insurers as shall be financially responsible, qualified to do business in the time State and of recognized standing. The Company shall have the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, right to carry the insurance coverages described herein provided for in this Agreement or any portion thereof under blanket policies. All insurance as are required by law to form, amount and insurance broker shall be provided on behalf reasonably satisfactory to the Issuer. All policies shall require that no less than thirty (30) days’ written notice of their employees and otherscancellation or material change will be given to the Trustee. If the Offeror fails to follow this requirement, then the Offeror’s insurance will become primary to cover any loss that may occur or is alleged to have occurred. The required All cost of insurance shall be obtained and written for not less than borne by the limits Company. On or prior to the date of liability specified hereinafterissuance of the Bonds, or as the Company will deliver to the Trustee certificates of insurance evidencing the insurance which is required by law, whichever is greaterthis Agreement. These Any certificate of insurance requirements furnished pursuant hereto shall not limit set forth the liability of the Offeror. The County does not represent these types or amounts of insurance and coverage, shall evidence that such amounts are at least equal to the amounts required by this Article VII and shall evidence that the related policy or policies of insurance insure against the risks set forth hereinabove, cannot be adversely modified or canceled without thirty (30) days’ prior written notice to the Trustee, and have a replacement cost endorsement meeting the requirements hereof. All insurance is required commencing from the date hereof and is to be sufficient continued throughout the term of this Agreement. All property and liability insurance shall be so written or adequate endorsed as to protect make the Offeror's Issuer and the Trustee additional insureds under such policies as their interests may appear. The Company shall not violate or liabilities but are merely minimums required for the Offeror permit to be considered for violated any of the work that is conditions of the subject policies of this contractinsurance required to be maintained hereunder. Except for worker's compensation and professional liability, the Offeror's All liability insurance policies covering the Prior Project shall provide, inter alia, that the Issuer and the Trustee shall not be endorsed subject to name Escambia County, Florida Board of County Commissioners as an additional insured defenses otherwise available to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase and maintain coverage on forms no more restrictive that the latest edition of the ISO (Insurance Services Office) commercial General Liability and Business Auto policies. The Offeror waives its right of recovery insurer against the County, insured thereunder. With respect to all policies of insurance which the extent permitted by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed Company is hereinabove required to the County and may be disapproved by the County. The County may require them to be reduced or eliminated at the sole option of the County. The Offeror will remain responsible for any deductible or self-insured retention. Insurance required of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out of this agreement, contract, or lease.carry:

Appears in 1 contract

Samples: Loan Agreement (Agl Resources Inc)

General Insurance Provisions. The Offeror All policies of insurance and renewals thereof required under this Agreement shall procure and maintain the following described insurance, except for coverages specifically waived in writing by the County. Such policies shall be from insurers contain provisions complying with a minimum financial size of VIII (8) according to the latest edition of the AM Best Rating Guide. An “A” or better Best Rating is preferred, however, other ratings may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require hereof and shall be responsible for assuring throughout issued by such insurer or insurers as shall be financially responsible, qualified to do business in the time State and of recognized standing. The Company shall have the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, right to carry the insurance coverages described herein provided for in this Agreement or any portion thereof under blanket policies. All insurance as are required by law to form, amount and insurance broker shall be provided on behalf reasonably satisfactory to the Authority. All policies shall require that no less than thirty (30) days’ written notice of their employees cancellation or material change will be given to the Authority and othersthe Trustee. If the Offeror fails to follow this requirement, then the Offeror’s insurance will become primary to cover any loss that may occur or is alleged to have occurred. The required All cost of insurance shall be obtained and written for not less than borne by the limits Company. On or prior to the Effective Date, the Company will deliver to the Authority certificates of liability specified hereinafter, or as insurance evidencing the insurance which is required by law, whichever is greaterthis Agreement. These Any certificate of insurance requirements furnished pursuant hereto shall not limit set forth the liability of the Offeror. The County does not represent these types or amounts of insurance and coverage, shall evidence that such amounts are at least equal to the amounts required by this Article VII and shall evidence that the related policy or policies of insurance insure against the risks set forth hereinabove, cannot be adversely modified or canceled without thirty (30) days’ prior written notice to the Trustee and the Authority, and have a replacement cost endorsement meeting the requirements hereof. All insurance is required commencing from the date hereof and is to be sufficient continued throughout the term of this Agreement. All property and liability insurance shall be so written or adequate endorsed as to protect make the Offeror's Authority and the Trustee additional insureds under such policies as their interests may appear. The Company shall not violate or liabilities but are merely minimums required for the Offeror permit to be considered for violated any of the work that is conditions of the subject policies of this contractinsurance required to be maintained hereunder. Except for worker's compensation and professional liability, the Offeror's All liability insurance policies covering the Project shall provide, inter alia, that the Authority and the Trustee shall not be endorsed subject to name Escambia County, Florida Board of County Commissioners as an additional insured defenses otherwise available to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase and maintain coverage on forms no more restrictive that the latest edition of the ISO (Insurance Services Office) commercial General Liability and Business Auto policies. The Offeror waives its right of recovery insurer against the County, insured thereunder. With respect to all policies of insurance which the extent permitted by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed Company is hereinabove required to the County and may be disapproved by the County. The County may require them to be reduced or eliminated at the sole option of the County. The Offeror will remain responsible for any deductible or self-insured retention. Insurance required of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out of this agreement, contract, or lease.carry:

Appears in 1 contract

Samples: Loan Agreement (Agl Resources Inc)

General Insurance Provisions. The Offeror All insurance policies required to be maintained by Tenant pursuant to this Section 12 will name Landlord and Landlord’s mortgagee as an additional insureds and as loss payees. In furtherance of the foregoing, the commercial general liability insurance policy maintained pursuant to Section 12(c) above shall procure be endorsed with an ISO CG 20 11 04 13 additional insured endorsement, or such other endorsement as may be reasonably approved by Landlord (which shall not include any language excluding coverage for the acts or omissions of the additional insured). For each type of insurance which Tenant is required to maintain under this Lease, Tenant shall furnish to Landlord an endorsed copy of such insurance policy together with all endorsements showing that each such type of insurance is in full force and maintain effect and may not be amended or cancelled (or materially changed) without thirty (30) days prior written notice to Landlord. If Tenant fails to deliver any policy, evidence of insurance or renewal to Landlord required under this Lease within ten (10) days of written notice from the following described Landlord, or if any such policy is canceled or modified during the Lease Term without Landlord’s consent, Landlord may obtain such insurance, except in which case Tenant shall reimburse Landlord for coverages specifically waived the cost of such insurance, together with interest thereon from the date of such payment, at the Default Rate, within fifteen (15) days after receipt of a statement that indicates the cost of such insurance. Tenant agrees that the payment by Landlord of any such premium shall not be deemed to waive or release the default in writing the payment thereof by Tenant, or the County. Such policies shall be from insurers with a minimum financial size of VIII (8) according to the latest edition right of the AM Landlord to take such action as may be permissible hereunder, as is the case of default in the payment of Rent. Tenant shall maintain all insurance required under this Lease with companies reasonably satisfactory to Landlord who are licensed to do business in the State of South Carolina and who hold a “Financial Strength Rating” of no less than “Excellent” (A or A- Rating) as set forth in the most current issue of “Best Key Rating Guide. An “A” Except as otherwise provided herein, Tenant shall pay all premiums for the insurance policies described in this Section 12 no later than the due date. In the event of a loss or better Best Rating claim covered by a policy to which Landlord or Landlord’s mortgagee is preferredan additional insured, however, other ratings may Tenant shall also be considered. Such liable for the payment of any deductible amount under the applicable insurance policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out maintained pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, this Section. Tenant shall not do or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require and shall be responsible for assuring throughout the time the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, the insurance coverages described herein as are required by law permit anything to be provided on behalf done which invalidates any such insurance policies. No deductible under each policy maintained hereunder shall exceed $100,000, without the prior written approval of their employees and othersLandlord. If the Offeror fails to follow this requirementforms of policies, then the Offeror’s endorsements, certificates or evidence of insurance will become primary to cover any loss that may occur or is alleged to have occurred. The required insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by lawthis Section are superseded or discontinued, whichever is greaterLandlord with have the right to require other equivalent forms. These Subject to the waiver of subrogation set forth in Section 12(g) below, the amount and coverage of insurance requirements maintained hereunder shall not limit the either party’s liability nor relieve either party of the Offeror. The County does not represent these types or amounts of insurance to be sufficient or adequate to protect the Offeror's interests or liabilities but are merely minimums required for the Offeror to be considered for the work that is the subject of any other obligation under this contract. Except for worker's compensation and professional liability, the Offeror's insurance policies shall be endorsed to name Escambia County, Florida Board of County Commissioners as an additional insured to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase and maintain coverage on forms no more restrictive that the latest edition of the ISO (Insurance Services Office) commercial General Liability and Business Auto policies. The Offeror waives its right of recovery against the County, to the extent permitted by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed to the County and may be disapproved by the County. The County may require them to be reduced or eliminated at the sole option of the County. The Offeror will remain responsible for any deductible or self-insured retention. Insurance required of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out of this agreement, contract, or leaseLease.

Appears in 1 contract

Samples: Lease (Dirtt Environmental Solutions LTD)

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General Insurance Provisions. The Offeror (i) Any insurance which Tenant is required to maintain under this Lease shall procure and maintain include a provision which requires the following described insurance carrier to give Landlord not less than thirty (30) days' written notice prior to any cancellation or modification of such coverage. (ii) If Tenant fails to deliver a policy, certificate or renewal to Landlord required under this Lease within the prescribed time period or if any such policy is cancelled or modified during the Lease Term without Landlord's consent, Landlord may obtain such insurance, except in which case Tenant shall reimburse Landlord for coverages specifically waived in writing by the Countycost of such insurance within fifteen (15) days after receipt of a statement that indicates the cost of such insurance. Such policies shall be from insurers with a minimum financial size of VIII (8) according to the latest edition of the AM Best Rating Guide. An “A” or better Best Rating is preferred, however, other ratings may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require and shall be responsible for assuring throughout the time the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, the iii) Any insurance coverages described herein as are required by law to be provided on behalf by Tenant under this Section 4.04 may be provided by blanket or umbrella coverage covering Tenant's operations at the Property as well as at other locations; provided that all coverage amounts required under this Section 4.04 shall remain available at all times for coverage of their employees claims related to the Property or Tenant's operation thereon. Tenant shall maintain all insurance required under this Lease with companies holding a "General Policy Rating" of A-12 or better, as set forth in the most current issue of "Best Key Rating Guide". Landlord and othersTenant acknowledge the insurance markets are rapidly changing and that insurance in the form and amounts described in this Section 4.04 may not be available in the future. Tenant acknowledges that the insurance described in this Section 4.04 is for the primary benefit of Landlord. If at any time during the Offeror fails Lease Term, Tenant is unable to follow this requirementmaintain the insurance required under the Lease, then Tenant shall nevertheless maintain insurance coverage which is customary and commercially reasonable in the Offeror’s insurance will become primary industry for Tenant's type of business, as that coverage may change from time to cover any loss that may occur or is alleged time. Landlord makes no representation as to have occurred. The required insurance shall be obtained and written for not less than the limits adequacy of liability specified hereinafter, or as required by law, whichever is greater. These insurance requirements shall not limit the liability of the Offeror. The County does not represent these types or amounts of such insurance to be sufficient protect Landlord's or adequate Tenant's interests. Therefore, Tenant shall obtain any such additional property or liability insurance which Tenant deems necessary to protect the Offeror's interests or liabilities but are merely minimums required for the Offeror to be considered for the work that is the subject of this contractLandlord and Tenant. Except for worker's compensation and professional liability, the Offeror's (iv) Unless prohibited under any applicable insurance policies shall be endorsed to name Escambia Countymaintained, Florida Board of County Commissioners as an additional insured to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase Landlord and maintain coverage on forms no more restrictive that the latest edition of the ISO (Insurance Services Office) commercial General Liability Tenant each hereby waive any and Business Auto policies. The Offeror waives its right all rights of recovery against the Countyother, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, if such loss or damage is covered by any insurance policy in force (whether or not described in this Lease) at the time of such loss or damage. Upon obtaining the required policies of insurance, Landlord and Tenant shall give notice to the extent permitted by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed to the County and may be disapproved by the County. The County may require them to be reduced or eliminated at the sole option of the County. The Offeror will remain responsible for any deductible or self-insured retention. Insurance required of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out carriers of this agreement, contract, or leasemutual waiver of subrogation. Section 4.05.

Appears in 1 contract

Samples: Lease Agreement (Pc Mall Inc)

General Insurance Provisions. No Services under this Agreement shall begin prior to compliance with these insurance requirements. Compliance with the foregoing shall not relieve the Concessionaire of its liability under this paragraph or under any other portion of this Agreement. All insurance obtained by the Concessionaire in accordance with this Agreement shall include a Hold Harmless Agreement in favor of the Department and the Board of Trustees. All insurance policies shall include this Agreement’s DEP Agreement No. on the certificate. Insurance policy certificates shall be submitted to the Park Manager, and shall list the Park Manager’s name, Xxxxxx Xxxx Wakulla Springs State Park, and mailing address, Paragraph G of the Special Conditions of this Agreement, as the insurance policy certificate holder. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Offeror Concessionaire’s current certificate of insurance shall procure and maintain contain a provision that the following described insuranceinsurance will not be canceled for any reason except after 30 days prior written notice to the Department or its designee, except for coverages specifically waived nonpayment of insurance premium, which shall be handled in accordance with Florida law. The Concessionaire shall provide evidence of its current insurance coverage to the Department prior to commencement of any activity permitted or required by this Agreement. All required insurance policies shall remain in full force and effect throughout the term of this Agreement. Evidence of all policy renewals shall be provided to the Park Manager at the time of every renewal of such policy and prior to any extension of this Agreement. The Department reserves the right to request copies of insurance policies for examination and copying at any time during the Term of the Agreement. Required per occurrence and aggregate loss limits for insurance coverage of the Concessionaire’s services under this Agreement shall not be subject to dilution or reduction by any other insurable loss or interest of the Concessionaire under such policy, and if requested, the Concessionaire will provide proof thereof from its insurance provider. Any releases required by the Concessionaire’s insurer to be signed by members of the public may be used in accordance with applicable law. To the extent releases are used, the release shall also release the Department and the Board of Trustees, in addition to the Concessionaire, and must be pre-approved in writing by the CountyDepartment. Such policies If, at any time, the Department deems it necessary, the Concessionaire shall be from insurers with a minimum financial size of VIII (8) according to the latest edition obtain liability waivers signed by members of the AM Best Rating Guidepublic. An “A” Waivers seeking parents’ or better Best Rating is preferred, however, other ratings may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require and shall be responsible for assuring throughout the time the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, the insurance coverages described herein as are required by law to be provided guardians’ signature on behalf of their employees and others. If a minor shall comply with the Offeror fails to follow this requirement, then the Offeror’s insurance will become primary to cover any loss that may occur or is alleged to have occurred. The required insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. These insurance form requirements shall not limit the liability of the Offeror. The County does not represent these types or amounts of insurance to be sufficient or adequate to protect the Offeror's interests or liabilities but are merely minimums required for the Offeror to be considered for the work that is the subject of this contract. Except for worker's compensation and professional liability, the Offeror's insurance policies shall be endorsed to name Escambia Countyset forth in Section 744.301, Florida Board of County Commissioners as an additional insured to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase and maintain coverage on forms no more restrictive that the latest edition of the ISO (Insurance Services Office) commercial General Liability and Business Auto policies. The Offeror waives its right of recovery against the County, to the extent permitted by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed to the County and may be disapproved by the County. The County may require them to be reduced or eliminated at the sole option of the County. The Offeror will remain responsible for any deductible or self-insured retention. Insurance required of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out of this agreement, contract, or leaseStatutes.

Appears in 1 contract

Samples: Concession Agreement

General Insurance Provisions. The Offeror All insurance required to be carried by Tenant hereunder shall procure be in companies, on forms and maintain the following described insurance, with loss payable clauses satisfactory to Landlord. No such policy shall be cancellable except for coverages specifically waived in writing after thirty (30) days’ written notice to Landlord. All policies to be carried by the CountyTenant under this Lease shall name Landlord and its agents and designated lenders as additional insureds. Such policies insurance shall be from insurers with the primary insurance as respects Landlord and shall contain a minimum financial size of VIII (8) according to the latest edition of the AM Best Rating Guide. An “A” or better Best Rating is preferred, however, other ratings may be consideredcross liability endorsement. Such policies shall provide coverages for any or all coverage on an occurrence basis and not on a claims which may arise out of, or result from, made basis. In no event shall the services, work and operations carried out pursuant to and limits of such policies be considered as limiting the liability of Tenant under the requirements this Lease. Certificates of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Offeror shall require and shall be responsible for assuring throughout the time the agreement is in effect that all its subcontractors obtain and maintain until the completion of that subcontractor's work, the insurance coverages described herein as are required by law to be provided on behalf of their employees and others. If the Offeror fails to follow this requirement, then the Offeror’s insurance will become primary to cover any loss that may occur or is alleged to have occurred. The required insurance shall be obtained and written for not less than the limits deposited with Landlord together with appropriate evidence of liability specified hereinafter, or as required by law, whichever is greater. These insurance requirements shall not limit the liability payment of the Offerorcurrent premiums therefor; and, at least thirty (30) days prior to expiration of any such policy, certificates of renewal policies and evidence of payment shall be so deposited. The County does not represent these types or amounts certificate of insurance applicable to be sufficient or adequate to protect the Offeror's interests or liabilities but are merely minimums required for the Offeror to be considered for the work that is the subject course of this contract. Except for worker's compensation and professional liability, the Offeror's construction insurance policies shall be endorsed to name Escambia County, Florida Board deposited with Landlord together with appropriate evidence of County Commissioners as an additional insured to the extent of its interests arising from this agreement, contract, or lease. The Offeror shall purchase and maintain coverage on forms no more restrictive that the latest edition payment of the ISO (Insurance Services Office) commercial General Liability current premium therefore, prior to commencement of construction of the Improvements or any Alterations upon the Property. There shall be no apportionment of premiums with respect to any insurance maintained pursuant to this Article 11 at Lease Termination. Landlord and Business Auto policies. The Offeror Tenant each hereby waives its right any and all rights of recovery against the Countyother or against the officers, partners, employees and agents of such other party for loss of or damage to such waiving party or its property or the property of others under its control, arising from any cause to the extent permitted insured against under any property damage insurance policy carried by its insurance policies. The Offeror's deductibles/self-insured retentions shall be disclosed such waiving party and to the County extent such waiver is permitted under such insurance policy and may be disapproved by the Countydoes not prejudice coverage under such policy. The County may require them Tenant shall obtain and furnish evidence to be reduced or eliminated at the sole option Landlord of the County. The Offeror will remain responsible for waiver by Tenant’s insurance carriers of any deductible or self-insured retention. Insurance required right of the Offeror, or its subcontractors shall be considered primary, and insurance of the County, if any, shall be considered excess to claims or losses which arise out of this agreement, contract, or leasesubrogation against Landlord.

Appears in 1 contract

Samples: Ground Lease (Palace Entertainment Holdings, Inc.)

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