Common use of Insurance Required Clause in Contracts

Insurance Required. Not later than the Effective Date, the Franchisee shall procure, pay for, and maintain insurance coverage in at least the minimum amounts and coverages described in Attachment “1”, attached to and made a part of this Agreement. The insurance shall be written by a company(ies) approved by the State of Texas and acceptable to the City. The insurance shall be evidenced by delivery to the City of certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. The City shall be named a beneficiary and co-insured of such policy(ies). Upon request, the City shall be entitled to review copies of the policies and all endorsements at a site determined mutually by the City and the Franchisee. THIS AGREEMENT SHALL NOT TAKE EFFECT UNTIL SUCH CERTIFICATE HAS BEEN DELIVERED TO THE CITY AND NO OFFICER OR EMPLOYEE SHALL HAVE AUTHORITY TO WAIVE THIS REQUIREMENT. If satisfactory evidence of the required insurance is not submitted within thirty (30) days after the date the City Council approves this Agreement, then this Agreement shall be considered null and void and shall have no force or effect. The Director may prevent the Franchisee from operating a Solid Waste Collection Service under this Franchise until satisfactory evidence of insurance coverage required under this subsection is presented to the Director. Evidence of current continuous insurance coverage shall be updated by the Franchisee and delivered in writing to the Director on at least an annual basis, no later than the anniversary date of this Agreement; and the Director shall have the right to request evidence of current insurance at any time. If the Franchisee fails to maintain insurance as required by this subsection, then the Franchisee shall forfeit any rights to contribution as defined in subsection V.a.3 above, and Franchisee shall be solely liable in toto for any judgment, award, claim or demand arising from the Franchisee’s operation of a Solid Waste Collection Service, whether the City or any other Indemnitee is or may be contributorily liable under applicable law or not.

Insurance Required. Not later than The Contractor shall procure and maintain for the Effective Dateterm of this Contract, insurance covering King County as an additional insured, as described in this section, against claims which may arise from, or in connection with, the Franchisee performance of work hereunder by the Contractor, its agents, representatives, employees and/or contractor/subcontractors. The Contractor or contractor/subcontractor shall procure, pay for, the costs of such insurance. The Contractor shall furnish separate certificates of insurance and maintain policy endorsements from each contractor/subcontractor as evidence of compliance with the insurance coverage in at least the minimum amounts and coverages described in Attachment “1”, attached to and made a part requirements of this AgreementContract. Contractor shall provide evidence of the insurance required under this Contract, including a Certificate of Insurance and Endorsements covering King County as additional insured for full coverage and policy limits within 10 business days of signing the contract. Evidence of Insurance and Endorsements shall be submitted by email to XXXXXxxxxxxxx@xxxxxxxxxx.xxx. The Contractor may request additional time to provide the required documents by emailing XXXXXxxxxxxxx@xxxxxxxxxx.xxx. Extensions will be granted at the sole discretion of DCHS. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, contractor/subcontractors, providers and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Each insurance policy shall be written on an “occurrence” form; except that insurance on a “claims made” form may be acceptable with prior County approval. If coverage is approved and purchased on a “claims made” basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a “claims made” form to an “occurrence” coverage form. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by a company(ies) approved said policies, which coverage will apply to each insured to the full extent provided by the State terms and conditions of Texas and acceptable the policy(s). Nothing contained in this provision shall affect and/or alter the application of any other provision contained within this Contract. Risk Assessment by Contractor By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the CityContractor under this Contract, nor shall such minimum limits be construed to limit the limits available under any insurance coverage obtained by the Contractor. The insurance Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Minimum Scope of Insurance. Coverage shall be evidenced by delivery at least as broad as the following: General Liability Insurance Services Office form number (CG 00 01) covering COMMERCIAL GENERAL LIABILITY. Professional Liability, Errors and Omissions Coverage In the event that services delivered pursuant to the City of certificates of insurance executed by the insurer this Contract either directly or its authorized agent stating coveragesindirectly involve or require professional services, limitsProfessional Liability, expiration dates Errors and compliance with all applicable required provisions. The City shall be named a beneficiary and co-insured of such policy(ies). Upon request, the City shall be entitled to review copies of the policies and all endorsements at a site determined mutually by the City and the Franchisee. THIS AGREEMENT SHALL NOT TAKE EFFECT UNTIL SUCH CERTIFICATE HAS BEEN DELIVERED TO THE CITY AND NO OFFICER OR EMPLOYEE SHALL HAVE AUTHORITY TO WAIVE THIS REQUIREMENT. If satisfactory evidence of the required insurance is not submitted within thirty (30) days after the date the City Council approves this Agreement, then this Agreement shall be considered null and void and shall have no force or effect. The Director may prevent the Franchisee from operating a Solid Waste Collection Service under this Franchise until satisfactory evidence of insurance coverage required under this subsection is presented to the Director. Evidence of current continuous insurance Omissions coverage shall be updated by provided. “Professional Services”, for the Franchisee and delivered in writing to the Director on at least an annual basis, no later than the anniversary date purpose of this Agreement; and the Director Contract section, shall have the right to request evidence mean any services provided by a licensed professional or those services that require a professional standard of current insurance at any timecare. If the Franchisee fails to maintain insurance as required by this subsection, then the Franchisee shall forfeit any rights to contribution as defined in subsection V.a.3 above, and Franchisee shall be solely liable in toto for any judgment, award, claim or demand arising from the Franchisee’s operation of a Solid Waste Collection Service, whether the City or any other Indemnitee is or may be contributorily liable under applicable law or not.Automobile Liability

Insurance Required. The District will, during the Lease Term, cause the Improvements to be kept continuously insured against such risks customarily insured against for equipment such as the Improvements and will pay (except as otherwise provided herein), as the same become due, all premiums in respect thereof, such insurance to include the following policies of insurance: (a) casualty insurance insuring the Improvements against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks in an amount at least equal to the then applicable Purchase Price of the Improvements, (b) liability insurance that protects the Trustee from liability in all events, and (c) workers’ compensation coverage as required by the laws of the State. All such casualty insurance will contain a provision making any losses payable to the Trustee and the District, as their respective interests may appear. Not later less than 15 days prior to the Effective Dateexpiration dates of the expiring policies, originals or copies of the certificates evidencing such insurance will be delivered by the District to the Trustee. All policies of such insurance, and all renewals thereof, will contain a provision that such insurance may not be cancelled by the issuer thereof without at least 30 days’ written notice to the District and the Trustee. Not less than annually, the Franchisee shall procure, pay for, District will provide a current certificate evidencing that the District is in compliance with the requirements of this Section to the Trustee. Nothing in this Lease will be construed as preventing the District from satisfying the insurance requirements herein set forth by using blanket policies of insurance or self-insurance provided each and maintain all of the requirements and specifications of this Lease respecting insurance coverage in at least the minimum amounts and coverages described in Attachment “1”, attached are complied with. The District may elect to and made a be self–insured for all or any part of the foregoing requirements of this Agreement. The Section 7.01 if (i) the District annually obtains a written evaluation with respect to such self-insurance shall be written by a company(ies) approved program from an individual or firm selected by the State of Texas District and acceptable to the CityTrustee qualified to survey risks and to recommend insurance coverage for entities engaged in operations similar to those of the District and having a favorable reputation for skill and experience in making such surveys and recommendations (an “Insurance Consultant”), (ii) the evaluation is to the effect that the self-insurance program is sound, (iii) unless the evaluation states that such reserves are not necessary, the District maintains adequate reserves for the self-insurance program, and (iv) in the case of workers’ compensation, adequate reserves created by the District for such self-insurance program are maintained in such amount and manner as are acceptable to the State. The insurance shall be evidenced by delivery to the City of certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates District will pay any fees and compliance with all applicable required provisions. The City shall be named a beneficiary and co-insured expenses of such policy(ies). Upon request, the City shall be entitled to review copies of the policies and all endorsements at a site determined mutually by the City and the Franchisee. THIS AGREEMENT SHALL NOT TAKE EFFECT UNTIL SUCH CERTIFICATE HAS BEEN DELIVERED TO THE CITY AND NO OFFICER OR EMPLOYEE SHALL HAVE AUTHORITY TO WAIVE THIS REQUIREMENT. If satisfactory evidence of the required insurance is not submitted within thirty (30) days after the date the City Council approves this Agreement, then this Agreement shall be considered null and void and shall have no force or effect. The Director may prevent the Franchisee from operating a Solid Waste Collection Service under this Franchise until satisfactory evidence of insurance coverage required under this subsection is presented to the Director. Evidence of current continuous insurance coverage shall be updated by the Franchisee and delivered Insurance Consultant in writing to the Director on at least an annual basis, no later than the anniversary date of this Agreement; and the Director shall have the right to request evidence of current insurance at any time. If the Franchisee fails to maintain insurance as required by this subsection, then the Franchisee shall forfeit any rights to contribution as defined in subsection V.a.3 above, and Franchisee shall be solely liable in toto for any judgment, award, claim or demand arising from the Franchisee’s operation of a Solid Waste Collection Service, whether the City or any other Indemnitee is or may be contributorily liable under applicable law or notconnection therewith.