Common use of INDEPENDENT CONTRACTOR LIABILITY Clause in Contracts

INDEPENDENT CONTRACTOR LIABILITY. b. Coverage shall be endorsed to include the following, copies of which shall be provided to BART: i. Inclusion of BART, and any other entity as required by Agreement, and their directors, officers, representatives, agents and employees as additional insureds as respects ongoing and completed services and operations in connection with this Agreement; and ii. Stipulation that the insurance is primary insurance and no insurance or self insurance of BART will be called to contribute to a loss, except for situations related to BART’s maintenance of their real property as well as their actions or inactions pertaining to their responsibilities under this Agreement. iii. Waiver of subrogation in favor of BART, its directors, officers, representatives, agents and employees except for situations related to BART’s maintenance of its real property and situations wherein BART, its directors, officers, representatives, agents and/or employees were negligent or engaged in willful misconduct pertaining to their responsibilities under this Agreement.