Common use of General Requirements for Insurance Coverage and Policies Clause in Contracts

General Requirements for Insurance Coverage and Policies. Unless otherwise stated, all insurance required by Section 7.03 of this Agreement must: be provided by companies that may lawfully issue such policies; have an A.M. Best rating of at least A- / VII, a Standard & Poor’s rating of at least A, a Xxxxx’x Investors Service rating of at least A3, a Fitch Ratings rating of at least A- or a similar rating by any other nationally recognized statistical rating organization acceptable to the New York City Law Department unless prior written approval is obtained from the New York City Law Department; and be primary (and non-contributing) to any insurance or self-insurance maintained by the City (not applicable to professional liability insurance/errors and omissions insurance) and any other entity listed as an additional insured in Schedule A. The Contractor shall be solely responsible for the payment of all premiums for all required insurance policies and all deductibles or self-insured retentions to which such policies are subject, whether or not the City is an insured under the policy. There shall be no self-insurance program, including a self-insurance retention, exceeding $10,000.00, with regard to any insurance required under Section 7.03 unless approved in writing by the Commissioner. Any such self-insurance program shall provide the City and any other additional insured listed on Schedule A with all rights that would be provided by traditional insurance required under this Article 7, including but not limited to the defense obligations that insurers are required to undertake in liability policies. The limits of coverage for all types of insurance for the City, including its officials and employees, and any other additional insured listed on Schedule A that must be provided to such additional insured(s) shall be the greater of (i) the minimum limits set forth in Schedule A or (ii) the limits provided to the Contractor as named insured under all primary, excess, and umbrella policies of that type of coverage.

Appears in 2 contracts

Samples: www.nyc.gov, www.nyc.gov

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General Requirements for Insurance Coverage and Policies. Unless otherwise statedAll insurance required under this Exhibit (other than Disability Benefits) shall include a waiver of the right of subrogation against the City and NYCEDC, together with their respective members, officials, officers, directors and employees. In addition, all insurance required to be provided by Section 7.03 third parties under this Exhibit (other than Disability Benefits) shall include a waiver of the right of subrogation against the City and NYCEDC, together with their respective members, officials, officers, directors and employees. There shall be no self-insurance program, including a self-insured retention exceeding $10,000, with regard to any insurance required under this Agreement must: Exhibit unless approved in writing by the DSBS Commissioner and NYCEDC. The Permitted User shall ensure that any such self-insurance program provides the Additional Insureds with all rights that would be provided by traditional insurance under this Exhibit, including but not limited the defense and indemnification obligations that insurers are required to undertake in liability policies. Policies of insurance required under this Exhibit shall be provided by companies that may lawfully issue such policies; policy and have an A.M. Best rating of at least A- / VII, a Standard & Poor’s rating of at least A, a Xxxxx’x Investors Service rating of at least A3, a Fitch Ratings rating of at least A- or a similar rating by any other nationally recognized statistical rating organization acceptable to the New York City Law Department unless prior written approval is obtained from the New York City Law Department; . The limits of coverage for all types of insurance required under this Exhibit shall be the greater of (A) the minimum limits set forth in this Exhibit or (B) the limits provided to the Permitted User under all primary, excess and be primary (and non-contributing) to any insurance umbrella policies covering operations under the applicable Permit or self-insurance maintained by the City (not applicable to professional liability insurance/errors and omissions insurance) and any other entity listed as an additional insured in Schedule A. Subconcession. The Contractor Permitted User, shall be solely responsible for the payment of all premiums for all required insurance policies and all deductibles or self-insured retentions to which such policies they are subject, whether or not the City is Additional Insureds are each an insured under the policy. There All property and liability insurance shall be contain a provision that no self-act or omission of the City and/or NYCEDC shall affect or limit the obligation of the insurance programcompany to pay the amount of any loss sustained by the City and/or NYCEDC. The Permitted User waives all rights against the City and NYCEDC including their respective members, including a self-insurance retentionofficials, exceeding $10,000.00officers, with regard to directors and employees, for any damages or losses that are covered under any insurance required under Section 7.03 unless approved this Exhibit (whether or not such insurance is actually procured or claims are paid thereunder) or any other insurance applicable to the operations of the Permitted User or any their respective employees, agents, or servants or those of the Permitted User’s contractors or subcontractors. The Permitted User’s failure to secure and maintain insurance in complete conformity with this Exhibit, or to give the insurance carrier timely notice on behalf of the City and/or NYCEDC, or to do anything else required by this License, which requirements shall be incorporated in the applicable Permit or Subconcession, shall constitute a material breach of the applicable Permit or Subconcession. Such breach shall not be waived or otherwise excused except by written consent from DSBS, and shall not be excused by any inaction by DSBS or NYCEDC at any time. Where notice of loss, damage, occurrence, accident, claim or suit is required under a policy maintained in accordance with this Exhibit, the Permitted User shall be required to notify in writing all insurance carriers that issued potentially responsive policies of any such event relating to any operations under the applicable Permit or Subconcession (including notice to Commercial General Liability insurance carriers for events relating to the Permitted User’s own employees) in the time required by the Commissionerpolicy but no later than twenty (20) days after such event. Any For any policy where the Additional Insureds are additional insureds, such self-notice shall expressly specify that “this notice is being given on behalf of the City of New York and New York City Economic Development Corporation, including their respective members, officials, officers, directors and employees, as Additional Insureds as well as the Named Insured.” Such notice shall also contain the following information to the extent known: the number of the insurance program policy, the name of the named insured, the date and location of the damage, occurrence, or accident, and the identity of the persons or things injured, damaged or lost. The Permitted User, shall provide simultaneously send copies of such notice to the (1) City of New York c/o Insurance Claims Specialist, Affirmative Litigation Division, New York City Law Department, 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (2) New York City Economic Development Corporation, attn: General Counsel, One Liberty Plaza, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and (3) New York City Department of Small Business Services, One Liberty Plaza, 000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Deputy Commissioner for Legal & Regulatory Affairs. In the event of any loss, accident, claim, action, or other event that does or can give rise to a claim under any insurance policy required under this Exhibit, the Permitted User shall at all times fully cooperate with the City and NYCEDC with regard to such potential or actual claim. In the event the Permitted User receives notice, from an insurance company or other person, that any other additional insured listed on Schedule A with all rights that would be provided by traditional insurance policy required under this Article 7Exhibit shall expire or be cancelled or terminated (or has expired or been cancelled or terminated) for any reason, including but the Permitted User, shall immediately forward a copy of such notice to (1) the DSBS Commissioner, New York City Department of Small Business Services, One Liberty Plaza, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (2) New York City Economic Development Corporation, attn: Executive Vice President, Asset Management, and the General Counsel, Xxx Xxxxxxx Xxxxx, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and (3) New York City Comptroller, attn: Office of Contract Administration, Municipal Building, One Centre Street, room 0000, Xxx Xxxx, Xxx Xxxx 00000. Notwithstanding the foregoing, the Permitted User shall ensure that there is no interruption in any of the insurance coverage required under this Exhibit. Insurance coverage in the minimum amounts provided for in this Exhibit shall not limited relieve the Permitted User of any liability under this License, the applicable Permit, the applicable Subconcession, nor shall it preclude the City and/or NYCEDC from exercising any rights or taking such other actions as are available to any or all of them under any other provisions of this License, the applicable Permit, the applicable Subconcession, or the law. Notwithstanding any other provision of this Exhibit or elsewhere in this License and/or applicable Permit or Subconcession, the Permitted User shall be, continue and remain liable for any uninsured destruction, loss or damage to the defense obligations that insurers are required to undertake Premises during the Event. In the event of any such loss or damage for which the Permitted User becomes liable as aforesaid, the Permitted User shall, at its/their sole cost and expense, promptly repair or replace the property so lost or damaged in liability policies. The limits accordance with plans and specifications approved by the City or, at the discretion of coverage for all types of insurance for the City, including its officials and employeespay in cash the value of repairs or rebuilding, such value to be determined by the City, in lieu of performance of such repairs to or rebuilding of the Premises. The Permitted User shall not violate or permit to be violated any of the conditions, provisions or requirements of any insurance policy required by this Exhibit, and any other additional insured listed on Schedule A that the Permitted User shall perform, satisfy and comply with or cause to be performed, satisfied or complied with all conditions, provisions, and requirements of all such insurance policies. CERTIFICATES OF INSURANCE Instructions to New York City Agencies, Departments, and Offices All certificates of insurance (except certificates of insurance solely evidencing Workers’ Compensation Insurance, Employer’s Liability Insurance, and/or Disability Benefits Insurance) must be provided to such additional insured(s) shall be accompanied by one of the greater of (i) the minimum limits set forth in Schedule A or (ii) the limits provided to the Contractor as named insured under all primary, excess, and umbrella policies of that type of coverage.following:

Appears in 1 contract

Samples: License,

General Requirements for Insurance Coverage and Policies. Unless otherwise statedAll insurance required under this Exhibit (other than Disability Benefits) shall include a waiver of the right of subrogation against the City and NYCEDC, together with their respective members, officials, officers, directors and employees. In addition, all insurance required to be provided by Section 7.03 third parties under this Exhibit (other than Disability Benefits) shall include a waiver of the right of subrogation against the City and NYCEDC, together with their respective members, officials, officers, directors and employees. There shall be no self-insurance program, including a self-insured retention exceeding $10,000, with regard to any insurance required under this Agreement must: Exhibit unless approved in writing by the DSBS Commissioner and NYCEDC. The Permitted User shall ensure that any such self-insurance program provides the Additional Insureds with all rights that would be provided by traditional insurance under this Exhibit, including but not limited the defense and indemnification obligations that insurers are required to undertake in liability policies. Policies of insurance required under this Exhibit shall be provided by companies that may lawfully issue such policies; policy and have an A.M. Best rating of at least A- / VII, a Standard & Poor’s rating of at least A, a Xxxxx’x Investors Service rating of at least A3, a Fitch Ratings rating of at least A- or a similar rating by any other nationally recognized statistical rating organization acceptable to the New York City Law Department unless prior written approval is obtained from the New York City Law Department; . The limits of coverage for all types of insurance required under this Exhibit shall be the greater of (A) the minimum limits set forth in this Exhibit or (B) the limits provided to the Permitted User under all primary, excess and be primary (and non-contributing) to any insurance umbrella policies covering operations under the applicable Permit or self-insurance maintained by the City (not applicable to professional liability insurance/errors and omissions insurance) and any other entity listed as an additional insured in Schedule A. Subconcession. The Contractor Permitted User, shall be solely responsible for the payment of all premiums for all required insurance policies and all deductibles or self-insured retentions to which such policies they are subject, whether or not the City is Additional Insureds are each an insured under the policy. There All property and liability insurance shall be contain a provision that no self-act or omission of the City and/or NYCEDC shall affect or limit the obligation of the insurance programcompany to pay the amount of any loss sustained by the City and/or NYCEDC. The Permitted User waives all rights against the City and NYCEDC including their respective members, including a self-insurance retentionofficials, exceeding $10,000.00officers, with regard to directors and employees, for any damages or losses that are covered under any insurance required under Section 7.03 unless approved this Exhibit (whether or not such insurance is actually procured or claims are paid thereunder) or any other insurance applicable to the operations of the Permitted User or any their respective employees, agents, or servants or those of the Permitted User’s contractors or subcontractors. The Permitted User’s failure to secure and maintain insurance in complete conformity with this Exhibit, or to give the insurance carrier timely notice on behalf of the City and/or NYCEDC, or to do anything else required by this License, which requirements shall be incorporated in the applicable Permit or Subconcession, shall constitute a material breach of the applicable Permit or Subconcession. Such breach shall not be waived or otherwise excused except by written consent from DSBS, and shall not be excused by any inaction by DSBS or NYCEDC at any time. Where notice of loss, damage, occurrence, accident, claim or suit is required under a policy maintained in accordance with this Exhibit, the Permitted User shall be required to notify in writing all insurance carriers that issued potentially responsive policies of any such event relating to any operations under the applicable Permit or Subconcession (including notice to Commercial General Liability insurance carriers for events relating to the Permitted User’s own employees) in the time required by the Commissionerpolicy but no later than twenty (20) days after such event. Any For any policy where the Additional Insureds are additional insureds, such self-notice shall expressly specify that “this notice is being given on behalf of the City of New York and New York City Economic Development Corporation, including their respective members, officials, officers, directors and employees, as Additional Insureds as well as the Named Insured.” Such notice shall also contain the following information to the extent known: the number of the insurance program policy, the name of the named insured, the date and location of the damage, occurrence, or accident, and the identity of the persons or things injured, damaged or lost. The Permitted User, shall provide simultaneously send copies of such notice to the (1) City of New York c/o Insurance Claims Specialist, Affirmative Litigation Division, New York City Law Department, 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (2) New York City Economic Development Corporation, attn: General Counsel, Xxx Xxxxxxx Xxxxx, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and (3) New York City Department of Small Business Services, One Liberty Plaza, 000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Deputy Commissioner for Legal & Regulatory Affairs. In the event of any loss, accident, claim, action, or other event that does or can give rise to a claim under any insurance policy required under this Exhibit, the Permitted User shall at all times fully cooperate with the City and NYCEDC with regard to such potential or actual claim. In the event the Permitted User receives notice, from an insurance company or other person, that any other additional insured listed on Schedule A with all rights that would be provided by traditional insurance policy required under this Article 7Exhibit shall expire or be cancelled or terminated (or has expired or been cancelled or terminated) for any reason, including but the Permitted User, shall immediately forward a copy of such notice to (1) the DSBS Commissioner, New York City Department of Small Business Services, Xxx Xxxxxxx Xxxxx, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (2) New York City Economic Development Corporation, attn: Executive Vice President, Asset Management, and the General Counsel, Xxx Xxxxxxx Xxxxx, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and (3) New York City Comptroller, attn: Office of Contract Administration, Municipal Building, One Centre Street, room 1005, Xxx Xxxx, Xxx Xxxx 00000. Notwithstanding the foregoing, the Permitted User shall ensure that there is no interruption in any of the insurance coverage required under this Exhibit. Insurance coverage in the minimum amounts provided for in this Exhibit shall not limited relieve the Permitted User of any liability under this License, the applicable Permit, the applicable Subconcession, nor shall it preclude the City and/or NYCEDC from exercising any rights or taking such other actions as are available to any or all of them under any other provisions of this License, the applicable Permit, the applicable Subconcession, or the law. Notwithstanding any other provision of this Exhibit or elsewhere in this License and/or applicable Permit or Subconcession, the Permitted User shall be, continue and remain liable for any uninsured destruction, loss or damage to the defense obligations that insurers are required to undertake Premises during the Event. In the event of any such loss or damage for which the Permitted User becomes liable as aforesaid, the Permitted User shall, at its/their sole cost and expense, promptly repair or replace the property so lost or damaged in liability policies. The limits accordance with plans and specifications approved by the City or, at the discretion of coverage for all types of insurance for the City, including its officials and employeespay in cash the value of repairs or rebuilding, such value to be determined by the City, in lieu of performance of such repairs to or rebuilding of the Premises. The Permitted User shall not violate or permit to be violated any of the conditions, provisions or requirements of any insurance policy required by this Exhibit, and any other additional insured listed on Schedule A that must the Permitted User shall perform, satisfy and comply with or cause to be provided to such additional insured(s) shall be the greater of (i) the minimum limits set forth in Schedule A performed, satisfied or (ii) the limits provided to the Contractor as named insured under complied with all primaryconditions, excessprovisions, and umbrella policies requirements of that type of coverageall such insurance policies.

Appears in 1 contract

Samples: License,

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General Requirements for Insurance Coverage and Policies. Unless otherwise statedAll insurance required under this Exhibit (other than Disability Benefits) shall include a waiver of the right of subrogation against the City and NYCEDC, together with their respective members, officials, officers, directors and employees. In addition, all insurance required to be provided by Section 7.03 third parties under this Exhibit (other than Disability Benefits) shall include a waiver of the right of subrogation against the City and NYCEDC, together with their respective members, officials, officers, directors and employees. There shall be no self-insurance program, including a self-insured retention exceeding $10,000, with regard to any insurance required under this Agreement must: Exhibit unless approved in writing by the DSBS Commissioner and NYCEDC. The Permitted User shall ensure that any such self-insurance program provides the Additional Insureds with all rights that would be provided by traditional insurance under this Exhibit, including but not limited the defense and indemnification obligations that insurers are required to undertake in liability policies. Policies of insurance required under this Exhibit shall be provided by companies that may lawfully issue such policies; policy and have an A.M. Best rating of at least A- / VII, a Standard & Poor’s rating of at least A, a Xxxxx’x Investors Service rating of at least A3, a Fitch Ratings rating of at least A- or a similar rating by any other nationally recognized statistical rating organization acceptable to the New York City Law Department unless prior written approval is obtained from the New York City Law Department; . The limits of coverage for all types of insurance required under this Exhibit shall be the greater of (A) the minimum limits set forth in this Exhibit or (B) the limits provided to the Permitted User under all primary, excess and be primary (and non-contributing) to any insurance umbrella policies covering operations under the applicable Permit or self-insurance maintained by the City (not applicable to professional liability insurance/errors and omissions insurance) and any other entity listed as an additional insured in Schedule A. Subconcession. The Contractor Permitted User, shall be solely responsible for the payment of all premiums for all required insurance policies and all deductibles or self-insured retentions to which such policies they are subject, whether or not the City is Additional Insureds are each an insured under the policy. There All property and liability insurance shall be contain a provision that no self-act or omission of the City and/or NYCEDC shall affect or limit the obligation of the insurance programcompany to pay the amount of any loss sustained by the City and/or NYCEDC. The Permitted User waives all rights against the City and NYCEDC including their respective members, including a self-insurance retentionofficials, exceeding $10,000.00officers, with regard to directors and employees, for any damages or losses that are covered under any insurance required under Section 7.03 unless approved this Exhibit (whether or not such insurance is actually procured or claims are paid thereunder) or any other insurance applicable to the operations of the Permitted User or any their respective employees, agents, or servants or those of the Permitted User’s contractors or subcontractors. The Permitted User’s failure to secure and maintain insurance in complete conformity with this Exhibit, or to give the insurance carrier timely notice on behalf of the City and/or NYCEDC, or to do anything else required by this License, which requirements shall be incorporated in the applicable Permit or Subconcession, shall constitute a material breach of the applicable Permit or Subconcession. Such breach shall not be waived or otherwise excused except by written consent from DSBS, and shall not be excused by any inaction by DSBS or NYCEDC at any time. Where notice of loss, damage, occurrence, accident, claim or suit is required under a policy maintained in accordance with this Exhibit, the Permitted User shall be required to notify in writing all insurance carriers that issued potentially responsive policies of any such event relating to any operations under the applicable Permit or Subconcession (including notice to Commercial General Liability insurance carriers for events relating to the Permitted User’s own employees) in the time required by the Commissionerpolicy but no later than twenty (20) days after such event. Any For any policy where the Additional Insureds are additional insureds, such self-notice shall expressly specify that “this notice is being given on behalf of the City of New York and New York City Economic Development Corporation, including their respective members, officials, officers, directors and employees, as Additional Insureds as well as the Named Insured.” Such notice shall also contain the following information to the extent known: the number of the insurance program policy, the name of the named insured, the date and location of the damage, occurrence, or accident, and the identity of the persons or things injured, damaged or lost. The Permitted User, shall provide simultaneously send copies of such notice to the (1) City of New York c/o Insurance Claims Specialist, Affirmative Litigation Division, New York City Law Department, 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (2) New York City Economic Development Corporation, attn: General Counsel, Xxx Xxxxxxx Xxxxx, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and (3) New York City Department of Small Business Services, One Liberty Plaza, 000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Deputy Commissioner for Legal & Regulatory Affairs. In the event of any loss, accident, claim, action, or other event that does or can give rise to a claim under any insurance policy required under this Exhibit, the Permitted User shall at all times fully cooperate with the City and NYCEDC with regard to such potential or actual claim. In the event the Permitted User receives notice, from an insurance company or other person, that any other additional insured listed on Schedule A with all rights that would be provided by traditional insurance policy required under this Article 7Exhibit shall expire or be cancelled or terminated (or has expired or been cancelled or terminated) for any reason, including but the Permitted User, shall immediately forward a copy of such notice to (1) the DSBS Commissioner, New York City Department of Small Business Services, Xxx Xxxxxxx Xxxxx, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (2) New York City Economic Development Corporation, attn: Executive Vice President, Asset Management, and the General Counsel, Xxx Xxxxxxx Xxxxx, 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and (3) New York City Comptroller, attn: Office of Contract Administration, Municipal Building, One Centre Street, room 1005, Xxx Xxxx, Xxx Xxxx 00000. Notwithstanding the foregoing, the Permitted User shall ensure that there is no interruption in any of the insurance coverage required under this Exhibit. Insurance coverage in the minimum amounts provided for in this Exhibit shall not limited relieve the Permitted User of any liability under this License, the applicable Permit, the applicable Subconcession, nor shall it preclude the City and/or NYCEDC from exercising any rights or taking such other actions as are available to any or all of them under any other provisions of this License, the applicable Permit, the applicable Subconcession, or the law. Notwithstanding any other provision of this Exhibit or elsewhere in this License and/or applicable Permit or Subconcession, the Permitted User shall be, continue and remain liable for any uninsured destruction, loss or damage to the defense obligations that insurers are required to undertake Premises during the Event. In the event of any such loss or damage for which the Permitted User becomes liable as aforesaid, the Permitted User shall, at its/their sole cost and expense, promptly repair or replace the property so lost or damaged in liability policies. The limits accordance with plans and specifications approved by the City or, at the discretion of coverage for all types of insurance for the City, including its officials and employeespay in cash the value of repairs or rebuilding, such value to be determined by the City, in lieu of performance of such repairs to or rebuilding of the Premises. The Permitted User shall not violate or permit to be violated any of the conditions, provisions or requirements of any insurance policy required by this Exhibit, and any other additional insured listed on Schedule A that the Permitted User shall perform, satisfy and comply with or cause to be performed, satisfied or complied with all conditions, provisions, and requirements of all such insurance policies. CERTIFICATES OF INSURANCE Instructions to New York City Agencies, Departments, and Offices All certificates of insurance (except certificates of insurance solely evidencing Workers’ Compensation Insurance, Employer’s Liability Insurance, and/or Disability Benefits Insurance) must be provided to such additional insured(s) shall be accompanied by one of the greater of (i) the minimum limits set forth in Schedule A or (ii) the limits provided to the Contractor as named insured under all primary, excess, and umbrella policies of that type of coverage.following:

Appears in 1 contract

Samples: License,

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