Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.
Appears in 8 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Insurance Requirements. The Contractor assumes Consultant shall provide, with each original of this signed Agreement, an insurance certificate or certificates issued by companies acceptable to the Owner. The Consultant shall submit insurance certificates to the Owner at the commencement of this Agreement and at policy renewal or revision dates. The certificates shall identify the project name and project number, and shall name the Owner as certificate holder. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner. The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Consultant. The Consultant is responsible for the existence, extent and adequacy of insurance prior to signing this Agreement. The Consultant shall procure and maintain primary insurance for the duration of the project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought (see Maine Limitation of Actions statute (14 M.R.S. §752-A)). The Consultant shall ensure that all Subconsultants they engage or employ will procure and maintain similar insurance in connection form and amount acceptable to the Owner. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Consultant from claims which may result from the Consultant’s execution of the Work, whether such execution be by the Consultant or by those employed by the Consultant or by those for whose acts they may be liable. All required insurance coverages shall be placed with its purpose carriers authorized to be conducted herein under conduct business in the State of Maine by the Maine Bureau of Insurance. The Consultant shall have Workers' Compensation insurance for all employees on the project site in accordance with the statutory workers’ compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The Consultant shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the project including premise and operations, products and completed operations, contractual, and personal injury liabilities. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 The Consultant shall indemnifyhave Automobile Liability insurance against claims for bodily injury, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons death or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leased, hired trucks and trailers. The minimum acceptable limit is: Any one accident or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability loss $1,000,000 The Consultant shall have Professional Liability insurance against claims arising out of all negligent acts, errors, or omissions of the Consultant in rendering or failing to render professional services related to the project. Minimum acceptable limits are: Each Occurrence claim $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) Aggregate limit $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.2,000,000
Appears in 7 contracts
Sources: Architect / Engineer Agreement, Architect / Engineer Agreement, Architect / Engineer Agreement
Insurance Requirements. The Contractor assumes Consultant shall provide, with each original of this signed Agreement, an insurance certificate or certificates issued by companies acceptable to the Owner. The Consultant shall submit insurance certificates to the Owner at the commencement of this Agreement and at policy renewal or revision dates. The certificates shall identify the project name and project number, and shall name the Owner as certificate holder. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner. The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Consultant. The Consultant is responsible for the existence, extent and adequacy of insurance prior to signing this Agreement. The Consultant shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought (see Maine Limitation of Actions statute (14 M.R.S. §752-A)). The Consultant shall ensure that all Subconsultants they engage or employ will procure and maintain similar insurance in connection form and amount acceptable to the Owner. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Consultant from claims which may result from the Consultant’s execution of the Work, whether such execution be by the Consultant or by those employed by the Consultant or by those for whose acts they may be liable. All required insurance coverages shall be placed with its purpose carriers authorized to be conducted herein under conduct business in the State of Maine by the Maine Bureau of Insurance. The Consultant shall have Workers' Compensation insurance for all employees on the Project site in accordance with the statutory workers’ compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The Consultant shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 The Consultant shall indemnifyhave Automobile Liability insurance against claims for bodily injury, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons death or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leased, hired trucks and trailers. The minimum acceptable limit is: Any one accident or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability loss $1,000,000 The Consultant shall have Professional Liability insurance against claims arising out of all negligent acts, errors or omissions of the Consultant in rendering or failing to render professional services related to the Project. Minimum acceptable limits are: Each Occurrence claim $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) Aggregate limit $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.2,000,000
Appears in 6 contracts
Sources: Architect / Engineer Agreement, Architect / Engineer Agreement, Architect / Engineer Agreement
Insurance Requirements. The Contractor assumes following provisions shall apply to all risks incident to insurance coverages required hereunder:
(a) The carriers of all policies shall have a Best's Rating of "A-" or in connection with its purpose to be conducted herein under better and a Best's Financial Category of XII or larger and shall indemnifybe authorized to do insurance business in the state in which the Leased Property is located.
(b) Tenant shall be the "named insured" and Landlord and any mortgagee of Landlord shall be an "additional named insured" on each policy.
(c) Tenant shall deliver to Landlord certificates or policies showing the required coverages and endorsements. The policies of insurance shall provide that the policy may not be canceled or not renewed, defend and save no material change or reduction in coverage may be made, without at least thirty (30) days' prior written notice to Landlord.
(d) The policies shall contain a severability of interest and/or cross-liability endorsement, provide that the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless Tenant will not invalidate the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableLandlord's coverage, and coverage provide that Landlord shall not be responsible for Federal Employers’ Liability Actpayment of premiums.
(e) All loss adjustment shall require the written consent of Landlord and Tenant, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability as their interests may appear.
(f) At least ten (10) days prior to the expiration of each policy, which follows formTenant shall deliver to Landlord a certificate showing renewal of such policy and payment of the annual premium therefor. Landlord shall have the right to review the insurance coverages required hereunder with Tenant from time to time, may be used to obtain the aforementioned limits Professional Liability input of third party professional insurance advisors (if applicableat Landlord's expense) $1,000,000 Each Claim $2,000,000 General Aggregate The City with respect to such insurance coverages, and to consult with Tenant in Tenant's annual review and renewal of ▇▇▇▇▇ such insurance coverages. All insurance coverages hereunder shall be furnished with a certificate of insurancein such form, which shall provide that such insurance shall not be changed substance and amounts as are customary or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderstandard in Tenant's industry.
Appears in 6 contracts
Sources: Master Agreement to Lease (Prison Realty Corp), Master Agreement to Lease (Corrections Corporation of America), Master Agreement to Lease (Cca Prison Realty Trust)
Insurance Requirements. The Contractor assumes Consultant shall provide, with each original of this signed Agreement, an insurance certificate or certificates issued by companies acceptable to the Owner. The Consultant shall submit insurance certificates to the Owner at the commencement of this Agreement and at policy renewal or revision dates. The certificates shall identify the project name and project number, and shall name the Owner as certificate holder. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner. The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Consultant. The Consultant is responsible for the existence, extent, and adequacy of insurance prior to signing this Agreement. The Consultant shall procure and maintain primary insurance for the duration of the project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought (see Maine Limitation of Actions statute (14 M.R.S. §752-A)). The Consultant shall ensure that all Subconsultants they engage or employ will procure and maintain similar insurance in connection form and amount acceptable to the Owner. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Consultant from claims which may result from the Consultant’s execution of the Work, whether such execution be by the Consultant or by those employed by the Consultant or by those for whose acts they may be liable. All required insurance coverages shall be placed with its purpose carriers authorized to be conducted herein under conduct business in the State of Maine by the Maine Bureau of Insurance. The Consultant shall have Workers' Compensation insurance for all employees on the project site in accordance with the statutory workers’ compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The Consultant shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the project including premise and operations, products and completed operations, contractual, and personal injury liabilities. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 The Consultant shall indemnifyhave Automobile Liability insurance against claims for bodily injury, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons death or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or damage resulting from the carelessnessmaintenance, negligence ownership, or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicabletrucks, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability trailers. The minimum acceptable limit is: Any one accident or loss $1,000,000 The Consultant shall have Professional Liability insurance against claims arising out of all negligent acts, errors, or omissions of the Consultant in rendering or failing to render professional services related to the project. Minimum acceptable limits are: Each Occurrence claim $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) Aggregate limit $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.2,000,000
Appears in 6 contracts
Sources: Architect / Engineer Agreement, Architect / Engineer Agreement, Architect / Engineer Agreement
Insurance Requirements. 1. The Contractor assumes Consultant shall maintain at its expense during the term of this Agreement, the following insurance:
A. Worker's Compensation insurance relative to all risks incident Personnel engaged in performing services pursuant to this Agreement, with coverage not less than that required by applicable law.
B. Comprehensive General Liability insurance with maximum bodily injury limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate and minimum Property Damage limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate.
C. Automotive Liability insurance covering all owned, hired, and non-owned vehicles with Personal Protection insurance to comply with the provisions of the Michigan No Fault Insurance Law including Residual Liability insurance with minimum bodily injury limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate minimum property damage limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate.
D. The Consultant shall provide proof of Professional Liability coverage in the amount of not less than $1,000,000 (One Million Dollars) per occurrence and/or aggregate, and Environmental Impairment coverage.
2. The Consultant shall be responsible for payment of all deductibles contained in any insurance required hereunder.
3. If during the term of this Agreement changed conditions or other pertinent factors should in connection with its purpose the reasonable judgment of the City render inadequate insurance limits, the Consultant will furnish on demand such additional coverage as may reasonably be required under the circumstances. All such insurance shall be effected at the Consultant’s expense, under valid and enforceable policies, issued by the insurers of recognized responsibility which are well-rated by national rating organizations and are acceptable to be conducted herein under the City.
4. All policies shall name the Consultant as the insured and shall indemnifybe accompanied by a commitment from the insurer that such policies shall not be canceled or reduced without at least thirty (30) days prior notice to the City. With the exception of professional liability, defend and save all insurance policies shall name the City of Novi, its officers, agents, and employees as additional insured. Certificates of Insurance evidencing such coverage shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇▇, Purchasing Manager, City of Novi, ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇, ▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to commencement of performance under this Agreement and at least fifteen (15) days prior to the issuance expiration dates of expiring policies.
5. If any Work Orderwork is sublet in connection with this Agreement, the Consultant shall require each subconsultant to effect and maintain at least the same types and limits of insurance as fixed for the Consultant.
6. The provisions requiring the Consultant to carry said insurance shall not be construed in any manner as waiving or restricting the liability of the Consultant under this Agreement.
Appears in 5 contracts
Sources: Supplemental Professional Engineering Services Agreement, Supplemental Professional Engineering Services Agreement, Supplemental Professional Engineering Services Agreement
Insurance Requirements. The Contractor assumes shall not commence performing services under this Agreement unless and until all risks incident to or insurance required by this Article is in connection effect, and shall ensure continuous insurance coverage in the manner, form, and limits required by this Article throughout the term of the Agreement.
4.3.1.1 The Contractor shall maintain, at its sole cost and expense, Commercial General Liability Insurance covering the Contractor as Named Insured and the Corporation, NYC Health + Hospitals and the City as Additional Insureds in the amount of at least Two Million Dollars ($2,000,000) per occurrence. Such insurance shall protect the Corporation and the Contractor from claims for property damage and/or bodily injury, including death that may arise from any of the operations under this Agreement. Coverage under this insurance shall be at least as broad as that provided by the most recently issued Insurance Services Office (“ISO”) Form CG 0001, and shall be "occurrence" based rather than “claims-made.”
4.3.1.2 Such Commercial General Liability Insurance shall name the Corporation, together with its purpose officials and employees, as an Additional Insured with coverage at least as broad as the most recently issued ISO Form CG 20 10.
4.3.1.3 At the Corporation’s direction, if professional services are provided pursuant to this Agreement, each of the Contractor and all subcontractors of the Contractor providing professional services, shall maintain and submit evidence of Professional Liability Insurance appropriate to the type(s) of such services to be conducted herein provided under and this Agreement in the amount of at least Two Million Dollars ($2,000,000) per claim. The policy or policies shall indemnify, defend and save include an endorsement to cover the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property liability assumed by the Contractor under this Agreement arising directly or indirectly out of the Contractor’s operations and arising from acts negligent performance of professional Services or omissions caused by an error, omission or negligent act of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any anyone employed by the Contractor.
4.3.1.4 Claims-made policies will be accepted for Professional Liability Insurance. All such policies shall have an extended reporting period option or automatic coverage of its agents or employeesnot less than two years. In this connectionIf available as an option, the Contractor shall carry Insurances purchase extended reporting period coverage effective on cancellation or termination of such insurance unless a new policy is secured with a retroactive date, including at least the last policy year.
4.3.1.5 The Contractor shall maintain, and ensure that each subcontractor maintains, Workers’ Compensation Insurance, Disability Benefits Insurance, and Employer’s Liability Insurance and Unemployment Insurance, in accordance with, and to the extent required by, the Laws of the State on behalf of, or with regard to, all employees providing services under this Agreement.
4.3.1.6 If vehicles are used in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for provision of the obligations assumed under contract Comprehensive Services, then the Contractor shall maintain Business Automobile Liability insurance in the amount of at least Two Million Dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all 2,000,000) each accident combined single limit for liability arising out of ownership, maintenance or use of any owned, non-owned, leased, or hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ in connection with this Agreement. Coverage shall be furnished with a certificate of insuranceat least as broad as the most recently issued ISO Form CA0001.
4.3.1.7 If vehicles are used for transporting hazardous materials, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Business Automobile Liability Insurance shall be delivered endorsed to the City provide pollution liability broadened coverage for covered vehicles (endorsement CA 99 48) as well as proof of ▇▇▇▇▇ prior to the issuance of any Work OrderMCS-90.
Appears in 5 contracts
Sources: Consulting Agreement, Consulting Agreement, Consulting Agreement
Insurance Requirements. The Contractor assumes Consultant shall provide, with each original of this signed Agreement, an insurance certificate or certificates issued by companies acceptable to the Owner. The Consultant shall submit insurance certificates to the Owner at the commencement of this Agreement and at policy renewal or revision dates. The certificates shall identify the project name and project number, and shall name the Owner as certificate holder. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner. The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Consultant. The Consultant is responsible for the existence, extent and adequacy of insurance prior to signing this Agreement. The Consultant shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought (see Maine Limitation of Actions statute (14 M.R.S. §752-A)). The Consultant shall ensure that all Subconsultants they engage or employ will procure and maintain similar insurance in connection form and amount acceptable to the Owner. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Consultant from claims which may result from the Consultant’s execution of the Work, whether such execution be by the Consultant or by those employed by the Consultant or by those for whose acts they may be liable. All required insurance coverages shall be placed with its purpose carriers authorized to be conducted herein under conduct business in the State of Maine by the Maine Bureau of Insurance. The Consultant shall have Workers' Compensation insurance for all employees on the Project site in accordance with the statutory workers’ compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The Consultant shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 The Consultant shall indemnifyhave Automobile Liability insurance against claims for bodily injury, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons death or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leased, hired trucks and trailers. The minimum acceptable limit is: Any one accident or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability loss $1,000,000 The Consultant shall have Professional Liability insurance against claims arising out of a negligent acts, errors or omissions of the Consultant in rendering or failing to render professional services related to the Project. Minimum acceptable limits are: Each Occurrence claim $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) Aggregate limit $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.2,000,000
Appears in 4 contracts
Sources: Architect / Engineer Agreement, Architect / Engineer Agreement, Architect / Engineer Agreement
Insurance Requirements. The Contractor assumes Throughout the life of this Agreement, Vendors shall pay for and maintain in full force and effect all risks incident to insurance as required. If at any time during the life of this Agreement or in connection with its purpose to be conducted herein under and shall indemnifyany extension, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor Vendor or any of its agents or employees. In subcontractors fail to maintain any required insurance in full force and effect, all services and work under this connection, the Contractor Agreement shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablediscontinued immediately, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used all payments due or that become due to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ Vendor shall be furnished with withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a certificate period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Vendor of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, which shall provide without limitation, notification received by City that such an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by Vendor shall not be changed deemed to release or canceleddiminish the liability of Vendor, including, without ten days prior written notice limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Vendor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Vendor, its principals, officers, agents, employees, persons under the supervision of Vendor, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. Upon request of City, Vendor shall immediately furnish City with a complete copy of ▇▇▇▇▇any insurance policy and associated documentation required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSUREDThis requirement shall survive expiration or termination of this Agreement. Certificates of Where determined applicable by the City, Vendor will comply with the following insurance requirements at its sole expense. Insurance companies shall be delivered rated (A Minus: VII-Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the City State of ▇▇▇▇▇ prior to the issuance of any Work OrderCalifornia.
Appears in 4 contracts
Sources: Agreement for on Site and/or Professional Services and Sale of Goods, Professional Services Agreement, Professional Services Agreement
Insurance Requirements. The Contractor assumes all risks incident Seller shall obtain and present evidence acceptable to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City Veoneer of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include insurance coverage for blanket contractual the goods and/or services covered by this Contract in amounts at least equal to the minimums described below. By requiring such insurance, Veoneer does not represent that coverage and minimums will necessarily be adequate to protect Seller. Such specified coverages and minimums shall not be deemed as any limitation on Seller’s liability for under the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend indemnities granted by Seller to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, Veoneer in this contract. Even if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used Seller fails to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City required kinds or levels of ▇▇▇▇▇ insurance coverage listed below, it shall be furnished with a certificate of remain liable for any claim, dispute, recalls, etc., that would have otherwise been covered by such insurance, which . Such insurance shall provide that such insurance no cancellation or material changes in the policies shall not be changed or canceled, without ten become effective except on thirty (30) days prior written notice to Veoneer and that Veoneer shall be named as an additional insured on coverages (a) through (f) below. Seller shall maintain all required coverages in effect throughout the City term of this Contract and for a minimum of five (5) years thereafter. Seller shall furnish to Veoneer certificates evidencing all required coverages and stating the expiration date for each coverage. Seller shall likewise furnish to Veoneer certificates evidencing all required renewals of coverage. The minimum insurance that Seller must obtain (unless lower coverage is approved in writing by ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO's Authorized Representative) is:
(a) Worker's Compensation insurance, including Employer's Liability--Ç500,000,
(b) Comprehensive General Liability insurance--Ç1,000,000 combined single limit for bodily injury and property damage, including owner's and contractor's protective coverage, contractual liability coverage and products/completed operations coverage,
(c) Comprehensive Automobile Liability insurance covering all owned, hired and non-INSURED OR ADDITIONAL INSUREDowned vehicles--Ç1,000,000 combined single limit for bodily injury and property damage,
(d) Excess Liability coverage--Ç10,000,000 per occurrence,
(e) Product Liability insurance coverage - Ç10,000,000 per incident, and
(f) Product Recall Program insurance – Ç10,000,000 per recall. Certificates Veoneer has determined that the failure of Insurance the goods or services supplied to it by Seller pursuant to the Contract could result in a material malfunction of the products manufactured by Veoneer, including without limitation, the nondeployment, inadvertent deployment or nonconforming deployment of an airbag module, inflator, seat belt restraint system, or other components. Accordingly, Seller’s obligation to maintain product liability and product recall program insurance shall be delivered specifically enforceable. Veoneer shall also have the option, in the event Seller fails to maintain any insurance coverage required above, to purchase or arrange for such insurance on Seller’s behalf and Seller shall be liable to Veoneer for the City cost of ▇▇▇▇▇ prior the premiums. The rights and remedies herein reserved to the issuance of Buyer shall be cumulative and in addition to any Work Orderother or further rights and remedies available at law or equity.
Appears in 3 contracts
Sources: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
Insurance Requirements. The Contractor assumes Throughout the life of this AGREEMENT, Vendors shall pay for and maintain in full force and effect all risks incident to insurance as required. If at any time during the life of this AGREEMENT or in connection with its purpose to be conducted herein under and shall indemnifyany extension, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor VENDOR or any of its agents or employees. In subcontractors fail to maintain any required insurance in full force and effect, all services and work under this connection, the Contractor AGREEMENT shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablediscontinued immediately, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used all payments due or that become due to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ VENDOR shall be furnished with withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a certificate period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this AGREEMENT. No action taken by CITY pursuant to this section shall in any way relieve VENDOR of its responsibilities under this AGREEMENT. The phrase "fail to maintain any required insurance" shall include, which shall provide without limitation, notification received by CITY that such an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by VENDOR shall not be changed deemed to release or canceleddiminish the liability of VENDOR, including, without ten days prior written notice limitation, liability under the indemnity provisions of this AGREEMENT. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the City amount of ▇▇▇▇▇indemnification to be provided by VENDOR. THE POLICY SHALL LIST THE Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, its principals, officers, agents, employees, persons under the supervision of VENDOR, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. Upon request of CITY, VENDOR shall immediately furnish CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSUREDwith a complete copy of any insurance policy and associated documentation required under this AGREEMENT, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. Certificates This requirement shall survive expiration or termination of this AGREEMENT Where determined applicable by the CITY, VENDOR will comply with the following insurance requirements at its sole expense. Insurance companies shall be delivered rated (A Minus: VII-Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the City State of ▇▇▇▇▇ prior to the issuance of any Work OrderCalifornia.
Appears in 3 contracts
Sources: Engineering Design Services Agreement, Engineering Design and Environmental Services Agreement, Agreement for on Site and/or Professional Services
Insurance Requirements. The Contractor assumes Certificates for all risks incident insurance carried pursuant to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Section 4 shall be delivered to Landlord before the City commencement of ▇▇▇▇▇ prior the Tenant Improvement Work and before Tenant’s Agents’ equipment is moved onto the Project. All insurance required by this Section 4 shall be issued by solvent companies qualified to do business in the issuance State of California, and with an A.M. Best & Company financial strength rating of not less than A and a financial size category of not less than VIII. All such insurance policies (except workers’ compensation insurance) shall (a) provide that Landlord, Landlord’s managing agent, any Security Holder, and their respective officers, partners, members and employees and any other person requested by Landlord, is designated as an additional insured with respect to liability arising out of work performed by or for Tenant’s general contractor without limitation as to coverage afforded under such policy pursuant to an endorsement in a form approved by Landlord, and (b) specify that such insurance is primary and that any insurance or self-insurance maintained by Landlord shall not contribute with it. Tenant shall cause Tenant’s Agents to notify Landlord within ten (10) days after general contractor’s knowledge of any Work Ordercancellation or material modification of any policy of insurance required under this Section 4. Landlord may inspect the original policies of such insurance coverage at any time. If the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant’s sole cost and expense. Tenant shall maintain all of the foregoing insurance coverage in force throughout the period of construction of the Tenant Improvements and until the Tenant Improvements are fully completed and accepted by Landlord, except for any products and completed operation coverage insurance, which is to be maintained for four (4) years following substantial completion of the Tenant Improvements. All insurance, except workers’ compensation, maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Paragraph 8.5 of the Lease.
Appears in 3 contracts
Sources: Lease (SVMK Inc.), Lease (SVMK Inc.), Sublease (Zuora Inc)
Insurance Requirements. The Contractor assumes During the term of the Credit Facility and for so long as any portion of the Obligations (as defined in the Credit Agreement) shall remain outstanding, Tenant shall maintain the types of insurance with respect to the Premises as are required by the provisions of Article 13 of each of the Leases and shall otherwise perform its obligations set forth in such Article 13. Notwithstanding anything contained in any Lease to the contrary, Tenant shall not be permitted to acquire insurance through insurance companies which are Affiliates (as defined in the Leases) of Tenant even if insurance otherwise satisfies the requirements of Section 13.6 of the Leases. Without limiting the generality of the foregoing, all insurance policies insuring against casualty and business interruption and other appropriate policies required under the Leases shall include noncontributing mortgagee endorsements in favor of Agent with loss payable to Agent, as well as standard waiver of subrogation endorsements, and shall provide that the coverage shall not be terminated or modified, nor a risk changed without thirty (30) days' advance written notice to Landlord and Agent. If any portion of the insured risks incident are re-insured, the re-insurance policies shall contain "cut-through" endorsements reasonably satisfactory to Agent. Tenant shall pay the premiums for such insurance policies as the same become due and payable. Not later than ten (10) days prior to the expiration date of each of such insurance policies, Tenant will deliver to Agent certificates of insurance for a renewal policy or policies marked "premium paid" or accompanied by other evidence of payment of premium reasonably satisfactory to Agent. If any insurance policy or part thereof shall expire or be withdrawn or become void by reason of the failure or impairment of the capital of any company in which the insurance shall be carried, or if at any time Agent is not in receipt of written evidence that all insurance required hereunder is in force and effect or if for any reason whatsoever the insurance shall be reasonably unsatisfactory to Agent, Agent shall have the absolute and unconditional right without prior notice to Landlord or Tenant to take such action as Agent deems necessary to protect the interest of Agents in the Premises, including without limitation, the obtaining of such insurance coverage as Agent deems appropriate, and Landlord agrees to pay to Agent and upon demand by Agent all expenses incurred by Agent in connection with its purpose such action or by Agents in obtaining such insurance and keeping it in effect, together with interest thereon at the Default Rate (as defined in the Credit Agreement). Except as otherwise hereinafter specifically provided below in subparagraph B, if any portion of the Premises shall be damaged or destroyed, in whole or in part, by fire or other property hazard or casualty, Tenant shall give prompt notice thereof to be conducted herein under Agent and shall indemnifyLandlord and one hundred (100%) percent of the net amount of all insurance proceeds received by Agent, defend and save the City Tenant or Landlord as a result of ▇▇▇▇▇ harmless from such damage or injuries destruction, after deduction of whatever nature or kind to persons or property arising directly or indirectly out reasonable costs and expenses, if any, in collecting the same, shall be applied in reduction of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances Obligations (as such term is defined in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for Credit Agreement) under the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work OrderCredit Facility.
Appears in 3 contracts
Sources: Secured Revolving Credit Agreement (Equity Inns Inc), Secured Revolving Credit Agreement (Equity Inns Inc), Secured Revolving Credit Agreement (Equity Inns Inc)
Insurance Requirements. The Contractor Consultant assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the ContractorConsultant’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor Consultant or any of its agents or employees. In this connection, the Contractor Consultant shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.
Appears in 3 contracts
Sources: Professional Services, Professional Services, Professional Services
Insurance Requirements. a. Design Professional shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance:
(1) Commercial General Liability (including, without limitation, Contractual Liability, Personal Injury, Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001) with limits no less than one million dollars ($1,000,000) per Occurrence and two million dollars ($2,000,000) Aggregate for bodily injury, personal injury and property damage.
(a) The Contractor assumes all risks incident deductible or self-insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self-insured retention in writing.
(b) The Commercial General Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit B, Certificate of Insurance, attached hereto and incorporated herein).
(c) The coverage provided to the District, as an additional insured, shall be primary and any insurance or in connection with its purpose to self- insurance maintained by the District shall be conducted herein under excess of the Design Professional’s insurance and shall indemnify, defend and save not contribute to it.
(d) The Commercial General Liability policy shall be endorsed to include a waiver of transfer of rights of recovery against the City District (“Waiver of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Subrogation”).
(2) Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability (Owned, Scheduled, Non-Owned, or Hired Automobiles) written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than one million dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles 1,000,000) combined single limit per accident for bodily injury and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor property damage.
(3) Workers’ Compensation, if applicablestatutory limits, is required of the Design Professional and coverage for Federal Employersall sub-consultants (or be a qualified self-insured) under the applicable laws and in accordance with “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Employer’s Liability, in an amount of not less than one million dollars ($1,000,000) each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. This policy shall be endorsed to include a waiver of subrogation endorsement, where permitted by law.
(4) Professional Liability Actinsurance in the amount of $1,000,000 per claim and $1,000,000 aggregate.
(a) At the end of the agreement period, Consultant shall maintain, at its own expense, continued Professional Liability insurance of not less than five (5) years, in an amount no less than the amount required pursuant to this Agreement.
(b) Alternately, if applicable the existing Professional Liability is terminated during the above referenced five-year period, Consultant shall maintain at its own expense, “tail” coverage in the same minimum amount as set forth in this paragraph.
(c) All coverages under this section shall be effective as of the effective date of this Agreement or provide for a retroactive date of placement that coincides with the effective date of this Agreement.
(5) Umbrella or Excess Liability insurance with limits no less than one million dollars ($1,000,000) per occurrence and aggregate. This policy must provide excess insurance over the same terms and conditions required above for the General Liability, Automobile Liability and Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypolicies.
b. Design Professional shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in a form acceptable to the District, which follows forman exemplar Certificate of Insurance is attached as Exhibit B and made a part hereof, may be used to obtain evidencing the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City existence of ▇▇▇▇▇ the necessary insurance policies and endorsements required shall be furnished kept on file with a the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such policies must be endorsed so that the insurer(s) must notify the District in writing at least 30 days in advance of policy cancellation. Design Professional shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance.
c. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, which the addendum shall provide that such indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage.
d. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Design Professional or Design Professional’s sub- contractors or any tier of Design Professional’s sub-contractors. District shall not be changed or canceled, without ten days prior written notice reserve the right to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance obtain complete copies of any Work Orderof the insurance policies required herein.
Appears in 3 contracts
Sources: Design Services Agreement, Design Services Agreement, As Needed Marine Structural Engineering Services Agreement
Insurance Requirements. a) The Contractor assumes Vendor, at no additional cost to NYSERDA, shall maintain or cause to be maintained throughout the term of this Agreement, insurance of the types and in the amounts of this Agreement. All such insurance shall be evidenced by insurance policies, each of which shall: (1) reference this Agreement number and name or be endorsed to cover the Vendor as the insured, and NYSERDA and the State of New York as additional insured, and reference all risks incident work to be performed under the Program; (2) provide that such policy may not be cancelled or modified until at least 30 days after receipt by NYSERDA of written notice thereof; and (3) be reasonably satisfactory to NYSERDA in all other respects.
b) The types and amounts of insurance required to be maintained under this Section are as follows: (1) commercial general liability insurance for bodily injury liability, including death, and property damage liability, incurred in connection with its purpose to be conducted herein the Vendor’s performance under and shall indemnifythe Program, defend and save the City with minimum limits of ▇▇▇▇▇ harmless from damage or injuries $1,000,000 in respect of whatever nature or kind to persons or property claims arising directly or indirectly out of the Contractor’s operations and arising from acts personal injury or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation sickness or death of any lawone person, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence in respect of claims arising out of personal injury, sickness or death in any one accident or disaster, and $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedin respect of claims arising out of property damage in any one accident or disaster, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ (2) Workers Compensation, if applicableEmployers Liability, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableDisability Benefits as required by New York State.
c) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten Not less than 15 days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance date any policy furnished or carried pursuant to this Agreement will expire, the Vendor shall deliver to NYSERDA a certificate(s) of insurance evidencing the renewal of such policy(s), and the Vendor shall promptly pay all premiums thereon due. No work shall be performed under this Agreement without current insurance. NYSERDA will not accept Voucher Request Forms or make payments under this Agreement without current insurance certificates.
d) In the event of threatened legal action, claims, encumbrances, or liabilities that may affect NYSERDA hereunder, or if deemed necessary by NYSERDA due to events rendering a review necessary, the Vendor shall deliver to NYSERDA a certified copy of each policy upon request.
e) Within five working days, or contemporaneously with the requirements of each insurance policy, the Vendor shall notify NYSERDA in writing of the occurrence of any Work Orderaccident, event or incident involving personal injury or property damage that might reasonably result in any complaint or claim, in law or in equity, against the Vendor, any Vehicle Purchaser, or NYSERDA.
Appears in 2 contracts
Sources: Vendor Agreement, Vendor Agreement
Insurance Requirements. The Contractor assumes all risks incident to or During the entire term of this Agreement, CONTRACTOR shall, at its own expense, maintain in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amountsfull force insurance as set forth: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedLiability, non-ownedAuto Liability, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for LongshoremenWorker’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) a licensed professional). Policy limits for Commercial General Liability shall be $1,000,000 Each Claim combined single limit (per occurrence) AND A $1,000,000, $2,000,000 or $3,000,000 AGGREGATE as prescribed by the DISTRICT for bodily injury, personal injury and property damage. Any combination of General Aggregate Liability and Excess Coverage can be combined to meet the Aggregate. The City of ▇▇▇▇▇ DISTRICT shall be furnished named as an additional insured on CONTRACTOR’s policies. Any deductibles, self-insured retentions, or changes in these items must be declared to and approved by the DISTRICT. CONTRACTOR’s insurance coverage shall be primary insurance with a certificate respect to the DISTRICT. Any insurance or self-insurance maintained by DISTRICT shall be in excess of insuranceCONTRACTOR’s insurance and shall not contribute with it. CONTRACTOR’s insurer shall agree to waive all right of subrogation against the District, its trustees, officers, and agents for losses arising from the work performed. Each insurance policy shall include the standard Severability of Interest, or Separation of Insured (General Liability Form CG 00 01 12 04) clause in the policy and when applicable the cross liability insurance coverage provision which specifies the inclusion of more than one insured shall provide not operate to impair the rights of one insured against another insured. Each insurance policy required by this Agreement shall be endorsed to state that such insurance coverage’s shall not be changed or canceled, without ten canceled except after thirty (30) days prior written notice has been given to the City of ▇▇▇▇▇DISTRICT. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ At least fifteen (15) days prior to commencing work under this Agreement, CONTRACTOR shall provide the issuance DISTRICT with certificates of any Work Orderinsurance and required executed endorsements, evidencing compliance with this section.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Insurance Requirements. The Contractor assumes all risks incident Tenant shall in its construction contract with any Prime Contractor, require such contractor to carry and maintain with insurance companies having "A.M. Best's" rating of "A" "VII" or better (unless a different rating is expressly approved in connection with its purpose writing by Landlord as to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionparticular insurance coverage), the Contractor shall carry Insurances in the following amountsinsurance coverage indicated below as a minimum requirement: Commercial Type of Coverage Limits of Liability Worker's Compensation * Statutory per State of California Employer's Liability $1,000,000 Each 2,000,000.00 Commercial General Liability ** $2,000,000.00 Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Form Broad Form Contractual Liability Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend 2,000,000.00 * Tenant shall cause the Prime Contractor to furnish an endorsement from its insurer waiving rights of subrogation against Landlord and its insurers under such insurance coverage. ** Tenant shall cause the Prime Contractor to have its insurer or insurance agency furnish Landlord with an appropriate certificate of insurance reflecting Landlord and its members named as "Additional Insureds". Tenant shall cause appropriate Builder's Risk insurance (covering "all ownedrisks", non-owned, leased, hired including earthquake and flood) in form and content reasonably acceptable to Landlord to be carried during the course of construction of the Shell Improvements and the Interior Improvements. Landlord and Tenant shall consult as to any insurance coverage programs which either Landlord or borrowed vehicles and must include Tenant may propose with regard to seeking to provide appropriate insurance coverage for blanket contractual liability at the least expense during the course of construction of the Improvements. Tenant or its Prime Contractor shall bear the sole responsibility for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are payment of the premiums for the foregoing insurance policies (but such shall not preclude Tenant from subsequently including any such premium costs in any requests for any disbursements of the Improvement Allowance pursuant to be performed Must include coverage for Longshoremen’s Paragraphs 3 and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used 4 above to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that extent any such insurance shall not be changed or canceled, without ten days prior written notice is included within the category of expenses which are subject to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.payment from such Improvement Allowance)
Appears in 2 contracts
Sources: Construction Agreement (Alza Corp), Construction Agreement (Alza Corp)
Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Participating Contractor shall carry Insurances in the following amountsmaintain insurance as follows, and provide evidence of current coverage upon request by Utilities or its Program Implementer: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, Compensation in accordance with New Jersey state and coverage for Federal Employers’ Liability Act, if applicable local requirements Employer’s Liability Amount not less than $1,000,000 Each Occurrence each occurrence or illness Commercial General Liability Amount not less than $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional each occurrence Business Automobile Liability (if applicable) Amount not less than $1,000,000 Each Claim each occurrence Excess/Umbrella Amount not less than $2,000,000 each occurrence OR Commercial General Aggregate Liability and Business Automobile Liability in amounts not less than $4,000,000 each occurrence Professional Liability, Errors and Omissions Required to hold an amount not less than $1,000,000 each occurrence ● The City of ▇▇▇▇▇ general, automobile, and excess/umbrella liability coverage held by the Participating Contractor shall name Utilities for the areas where they are operating, as well as their respective Program Implementers as additional insureds. All coverage obtained and maintained by the Participating Contractor shall be furnished primary to and non-contributory with a any and all applicable coverage held by Utilities or the Program Implementer. All coverage obtained and maintained by the Participating Contractor shall contain waiver of subrogation, cross-liability coverage, and severability of interests language. ● Neither Utilities nor the Program Implementer shall be responsible for any deductibles, self- insurance retention, and/or waiting periods that may appear in the policy. ● Receipt or failure to receive or failure to request any certificate of insurance, which insurance for any of the required insurance coverage and limits shall not act or be construed as an approval of Participating Contractor’s insurance or as a release or waiver of the Participating Contractor’s obligation to provide any or all of the insurance coverage and limits required. Participating Contractor’s certificate of insurance shall contain evidence that such insurance the policy or policies shall not be changed modified or canceled, canceled without ten days providing at last thirty (30) calendar days’ prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work OrderUtilities.
Appears in 2 contracts
Sources: Participating Contractor Agreement, Participating Contractor Agreement
Insurance Requirements. 1. The Contractor assumes Consultant shall maintain at its expense during the term of this Agreement, the following insurance:
▇. ▇▇▇▇▇▇'s Compensation insurance relative to all risks incident Personnel engaged in performing services pursuant to this Agreement, with coverage not less than that required by applicable law.
B. Comprehensive General Liability insurance with maximum bodily injury limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate and minimum Property Damage limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate.
C. Automotive Liability insurance covering all owned, hired, and non-owned vehicles with Personal Protection insurance to comply with the provisions of the Michigan No Fault Insurance Law including Residual Liability insurance with minimum bodily injury limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate minimum property damage limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate.
D. The Consultant shall provide proof of Professional Liability coverage in the amount of not less than $1,000,000 (One Million Dollars) per occurrence and/or aggregate, and Environmental Impairment coverage.
2. The Consultant shall be responsible for payment of all deductibles contained in any insurance required hereunder.
3. If during the term of this Agreement changed conditions or other pertinent factors should in connection with its purpose the reasonable judgment of the City render inadequate insurance limits, the Consultant will furnish on demand such additional coverage as may reasonably be required under the circumstances. All such insurance shall be effected at the Consultant’s expense, under valid and enforceable policies, issued by the insurers of recognized responsibility which are well-rated by national rating organizations and are acceptable to be conducted herein under the City.
4. All policies shall name the Consultant as the insured and shall indemnifybe accompanied by a commitment from the insurer that such policies shall not be canceled or reduced without at least thirty (30) days prior notice to the City. With the exception of professional liability, defend and save all insurance policies shall name the City of Novi, its officers, agents, and employees as additional insured. Certificates of Insurance evidencing such coverage shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇▇, Purchasing Manager, City of Novi, ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇, ▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to commencement of performance under this Agreement and at least fifteen (15) days prior to the issuance expiration dates of expiring policies.
5. If any Work Orderwork is sublet in connection with this Agreement, the Consultant shall require each subconsultant to effect and maintain at least the same types and limits of insurance as fixed for the Consultant.
6. The provisions requiring the Consultant to carry said insurance shall not be construed in any manner as waiving or restricting the liability of the Consultant under this Agreement.
Appears in 2 contracts
Sources: Supplemental Professional Engineering Services Agreement, Professional Services
Insurance Requirements. 9.1 The Contractor assumes all risks incident shall provide, with each original of the signed Contract, an insurance certificate or certificates acceptable to or in connection with its purpose to be conducted herein under the Owner and shall indemnify, defend and save the City of ▇▇▇▇. The Contractor shall submit insurance certificates to the Owner and ▇▇▇▇ harmless from damage at the commencement of this Contract and at policy renewal or injuries of whatever nature or kind to persons or property arising directly or indirectly out of revision dates. The certificates shall identify the Contractor’s operations project name and arising from acts or omissions of its employees ▇▇▇▇ project number, and shall indemnify, defend, save harmless name the City of Owner as certificate holder and as additional insured for general liability and automobile liability coverages. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner and ▇▇▇▇▇ .
9.2 The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks faced by the Contractor or its Subcontractors. The Contractor is responsible for the existence, extent and adequacy of insurance prior to commencement of work. The Contractor shall not allow any Subcontractor to commence work until all similar insurance required of the Subcontractor has been confirmed by the Contractor.
9.3 The Contractor shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought. The Contractor shall ensure that all Subcontractors they engage or employ will procure and maintain similar insurance in form and amount acceptable to the Owner and ▇▇▇▇. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Contractor from any penalties claims which may result from the Contractor’s execution of the Work, whether such execution be by the Contractor or by those employed by the Contractor or by those for violation whose acts they may be liable. All required insurance coverages shall be placed with carriers authorized to conduct business in the State of any lawMaine by the Maine Bureau of Insurance.
9.3.1 The Contractor shall have Workers’ Compensation insurance for all employees on the Project site in accordance with the requirements of the Workers’ Compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit When applicable, ordinance a Sole Proprietor, or regulation affecting Partner or having Member of a Limited Liability Company shall provide evidence of an approved application to said operation for waiver from the Workers’ Compensation Board regarding employment of a parent, spouse, domestic partner, or child.
9.3.2 The Contractor shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. The policy shall include collapse and underground coverage as well as explosion coverage if explosion hazards exist. Aggregate limits shall apply on a location or project basis. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000
9.3.3 The Contractor shall have Automobile Liability insurance against claims for bodily injury, death or property damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leasedtrucks and trailers. Minimum acceptable limit is: Any one accident or loss $500,000
9.4 The Owner has determined the appropriate coverage, hired or borrowed vehicles and must include verified the coverage for blanket contractual liability for with the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableState of Maine Division of Risk Management, and coverage selected the proper option as follows. Property Insurance for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ this construction contract shall be furnished with as described below in section .
9.4.1 Non-standard project insured by the Contractor – The Contractor shall procure and maintain property insurance naming the Owner, Contractor, and any Subcontractor as insureds as their interest may appear. “Non-standard project” means, in this Agreement, an unusual public improvement which is not a certificate building structure, and is not currently insured nor would be insured by the State of insuranceMaine Division of Risk Management. Covered causes of loss form shall be all Risks of Direct Physical Loss, which shall provide that such endorsed to include flood, earthquake, and transit. Unless specifically authorized in writing by the Owner, the limit of insurance shall not be changed or canceledless than the initial contract amount and coverage shall apply during the entire contract period and until the work is accepted by the Owner.
9.4.2 New construction insured by the Contractor – The Contractor shall procure and maintain Builder’s Risk insurance naming the Owner, without ten days prior written notice Contractor, and any Subcontractor as insureds as their interest may appear. Covered causes of loss form shall be all Risks of Direct Physical Loss, endorsed to include flood, earthquake, transit and sprinkler leakage where sprinkler coverage is applicable. Unless specifically authorized in writing by the Owner, the limit of insurance shall not be less than the initial contract amount and coverage shall apply during the entire contract period and until the work is accepted by the Owner.
9.4.3 Renovations and additions to existing State-owned buildings insured by the State of Maine Division of Risk Management – Builder’s Risk insurance will be provided by the State of Maine in accordance with the terms and conditions of the State’s property policy. The Owner shall notify the State of Maine Division of Risk Management concerning the project, including the nature and value of the work, planned start and completion date, and the name of the General Contractor. Said insurance coverage shall cover the interests of the Contractor and Subcontractor, as their interests may appear. Exclusions common to commercial property policies may be applicable. A Builder’s Risk certificate of insurance will be furnished to the City Contractor upon request. The $500 per occurrence deductible is the responsibility of ▇▇▇▇▇the Contractor. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSUREDShould the Contractor or Subcontractor desire coverage in excess of that maintained by the State, it must be acquired by the Contractor and at Contractor expense.
9.4.4 Renovations and additions to existing buildings not insured by the State of Maine Division of Risk Management – The Contractor shall procure and maintain Builder's Risk insurance naming the Owner, Contractor and all Subcontractors as insureds as their interests may appear. Certificates The covered cause of Insurance loss form shall be delivered Risks of Direct Physical Loss, endorsed to include flood, earthquake, testing and ensuing loss and shall include coverage for materials in transit and materials stored off site. Coverage shall be on a replacement cost and a completed value basis. Unless specifically authorized by the City Owner, the limit of ▇▇▇▇▇ prior to insurance shall not be less than the issuance contract amount and coverage shall apply during the entire contract period until the Certificate of any Work OrderSubstantial Completion is accepted by the Owner.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
Insurance Requirements. The Contractor assumes All insurance and all risks incident to or in connection with its purpose renewals ---------------------- thereof required to be conducted herein under obtained by Tenant hereunder shall be issued by financially sound companies approved by Landlord, such approval not to be unreasonably withheld or delayed, and shall indemnify, defend authorized to do and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances doing business in the following amounts: Commercial Liability $1,000,000 state in which the Property is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City policy of ▇▇▇▇▇ Tenant's insurance shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten thirty (30) days prior written notice to the City Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such period of ▇▇▇▇▇thirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates All liability insurance of Insurance Tenant (except employers liability) shall name Landlord and any other parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the policy for any loss, injury or damage to Landlord. All property insurance of Tenant shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of insurance, acceptable to Landlord, to Landlord by the complete execution of this Lease and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any such insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as additional rent, all premiums paid by Landlord. Notwithstanding the foregoing, Tenant's liability insurance (i) shall only insure Landlord to the City extent the insurance company is responsible for the payment of ▇▇▇▇▇ prior the claim without reimbursement from Tenant through a deductible or otherwise, and (ii) shall not prevent Tenant or Tenant's insurer from taking action against Landlord's insurer to defend a claim or cover a loss caused, or alleged to have been caused, in whole or in part, by the issuance negligence or intentional misconduct of any Work OrderLandlord.
Appears in 2 contracts
Sources: Campus Lease (Monsanto Co /New/), Campus Lease (Monsanto Co /New/)
Insurance Requirements. (a) At all times during the term of this Agreement, Owner shall procure and maintain, as an Operating Cost of the Hotel, (i) broad form commercial general liability insurance (including, but not limited to, bodily injury liability, property damage liability, personal injury liability, advertising injury liability, product liability, completed operations and blanket contractual liability insurance, and any and all other liability coverages as would normally be obtained by prudent owners of similar hotel properties, provided such coverages are available to Owner at commercially reasonable rates) for the benefit of Owner, Hotel Manager, Food Manager and NYRG (or any successor thereto), as named or additional named insureds, in an amount not less than $25,000,000 in respect of any one occurrence with an aggregate amount limit of at least $25,000,000, subject to such deductibles as Owner deems appropriate, and (ii) liquor liability insurance naming Owner, Hotel Manager, Food Manager and the Guarantor (or any successor thereto) as named or additional named insureds with single-limit coverage of at least $25,000,000 for each occurrence, and with an aggregate annual limit of at least $25,000,000, subject to such deductibles as Owner deems appropriate. (The Contractor assumes parties acknowledge and agree that Owner shall be responsible for covering the amount of any such deductible with respect to any such liability insurance, as more particularly provided in Articles 9.1 and 9.2 above.) Owner and Food Manager shall each procure and maintain, as an Operating Cost of the Hotel, workers' compensation insurance and any other statutorily required insurance for their respective employees who are stationed at the Hotel (which, in the case of Food Manager, are the Food Manager Employees) in the amount required by applicable law.
(b) During the term of this Submanagement Agreement, Owner, at its expense, shall procure and maintain upon the Hotel, all risks incident to food and beverage supplies at the Hotel, and all equipment, fixtures, motors, machinery, furnishings and furniture installed and owned or leased by Owner and used in connection with its purpose the Hotel, including all alterations, rebuildings, replacements and additions thereto, so-called "all risk" property damage insurance in an amount equal to be conducted herein under the "Full Insurable Value" thereof (as hereinafter defined), subject, at the option of Owner, to commercially reasonable deductibles, but in any event in an amount not less than that required to avoid the operation and effect of any co-insurance provisions in said policies. As used herein, the term "Full Insurable Value" shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out mean actual replacement cost (exclusive of the Contractor’s operations cost of excavation, foundations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless footings below the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application lowest basement floor). Insurance policies written with no co-insurance clause will satisfy the foregoing requirements to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeescarry insurance in an amount equal to "Full Insurable Value" as aforesaid. In this connectionaddition, the Contractor Owner shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include procure and maintain, at its expense, business interruption insurance providing coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend a period of business interruption of no less than one year, in an amount mutually satisfactory to all owned, non-owned, leased, hired or borrowed vehicles Hotel Manager and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work OrderOwner.
Appears in 2 contracts
Sources: Submanagement Agreement (New York Restaurant Group Inc), Submanagement Agreement (Smith & Wollensky Restaurant Group Inc)
Insurance Requirements. The Contractor assumes As required by Lender and applicable law, and as may be modified from time to time, Borrower shall: keep the Improvements insured at all risks incident times against any hazards, which insurance shall include coverage against loss by fire and all other perils insured by the “special causes of loss” coverage form, general boiler and machinery coverage, business income coverage, and flood (if any of the Improvements are located in an area identified by the Federal Emergency Management Agency (or any successor) as an area having special flood hazards and to the extent flood insurance is available in that area), and may include sinkhole insurance, mine subsidence insurance, earthquake insurance, terrorism insurance, windstorm insurance and, if the Mortgaged Property does not conform to applicable building, zoning, or land use laws, ordinance and law coverage; maintain at all times commercial general liability insurance, workmen’s compensation insurance, and such other liability, errors and omissions, and fidelity insurance coverage; and maintain builder’s risk and public liability insurance, and other insurance in connection with its purpose to completing the Repairs or Replacements, as applicable. Delivery of Policies, Renewals, Notices, and Proceeds. Borrower shall: cause all insurance policies (including any policies not otherwise required by Lender) which can be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedendorsed with standard non-contributing, non-owned, leased, hired reporting mortgagee clauses making loss payable to Lender (or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are Lender’s assigns) to be performed Must include coverage so endorsed; promptly deliver to Lender a copy of all renewal and other notices received by Borrower with respect to the policies and all receipts for Longshoremen’s paid premiums; deliver evidence, in form and Harbor Workers’ Compensationcontent acceptable to Lender, if applicablethat each required insurance policy under this Article 9 has been renewed not less than fifteen (15) days prior to the applicable expiration date, and coverage for Federal Employers’ Liability Act, (if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability such evidence is other than an original or duplicate original of a renewal policy, which follows form, ) deliver the original or duplicate original of each renewal policy (or such other evidence of insurance as may be used required by or acceptable to obtain Lender) in form and content acceptable to Lender within ninety (90) days after the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City applicable expiration date of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall the original insurance policy; provide that such insurance shall not be changed or canceled, without ten days prior immediate written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered insurance company and to the City of ▇▇▇▇▇ prior to the issuance Lender of any Work Orderevent of loss; execute such further evidence of assignment of any insurance proceeds as Lender may require; and provide immediate written notice to Lender of Borrower’s receipt of any insurance proceeds under any insurance policy required by Section 9.2(hhhh)(1) above and, if requested by Lender, deliver to Lender all of such proceeds received by Borrower to be applied by Lender in accordance with this Article 9.
Appears in 2 contracts
Sources: Multifamily Loan and Security Agreement, Loan and Security Agreement
Insurance Requirements. a. Service Provider shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance:
(1) Commercial General Liability (including, without limitation, Contractual Liability, Personal Injury, Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001) with limits no less than one million dollars ($1,000,000) per Occurrence and two million dollars ($2,000,000) Aggregate for bodily injury, personal injury and property damage.
(a) The Contractor assumes all risks incident deductible or self-insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self-insured retention in writing.
(b) The Commercial General Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit B, Certificate of Insurance, attached hereto and incorporated herein).
(c) The coverage provided to the District, as an additional insured, shall be primary and any insurance or in connection with its purpose to self-insurance maintained by the District shall be conducted herein under excess of the Service Provider’s insurance and shall indemnify, defend and save not contribute to it.
(d) The Commercial General Liability policy shall be endorsed to include a waiver of transfer of rights of recovery against the City District (“Waiver of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Subrogation”).
(2) Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability (Owned, Scheduled, Non-Owned, or Hired Automobiles) written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than one million dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles 1,000,000) combined single limit per accident for bodily injury and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor property damage.
(3) Workers’ Compensation, if applicablestatutory limits, is required of the Service Provider and coverage for Federal Employersall sub-consultants (or be a qualified self-insured) under the applicable laws and in accordance with “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Employer’s Liability, in an amount of not less than one million dollars ($1,000,000) each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. This policy shall be endorsed to include a waiver of subrogation endorsement, where permitted by law.
(4) Professional Liability Actinsurance in the amount of $1,000,000 per claim and $1,000,000 aggregate.
(a) At the end of the agreement period, Consultant shall maintain, at its own expense, continued Professional Liability insurance of not less than five (5) years, in an amount no less than the amount required pursuant to this Agreement.
(b) Alternately, if applicable the existing Professional Liability is terminated during the above referenced five-year period, Consultant shall maintain at its own expense, “tail” coverage in the same minimum amount as set forth in this paragraph.
(c) All coverages under this section shall be effective as of the effective date of this Agreement or provide for a retroactive date of placement that coincides with the effective date of this Agreement.
(5) Umbrella or Excess Liability insurance with limits no less than one million dollars ($1,000,000) per occurrence and aggregate. This policy must provide excess insurance over the same terms and conditions required above for the General Liability, Automobile Liability and Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypolicies.
b. Service Provider shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in a form acceptable to the District, which follows forman exemplar Certificate of Insurance is attached as Exhibit B and made a part hereof, may be used to obtain evidencing the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City existence of ▇▇▇▇▇ the necessary insurance policies and endorsements required shall be furnished kept on file with a the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such policies must be endorsed so that the insurer(s) must notify the District in writing at least 30 days in advance of policy cancellation. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance.
c. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, which the addendum shall provide that such indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage.
d. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Service Provider or Service Provider’s sub-contractors or any tier of Service Provider’s sub-contractors. District shall not be changed or canceled, without ten days prior written notice reserve the right to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance obtain complete copies of any Work Orderof the insurance policies required herein.
Appears in 2 contracts
Sources: Service Agreement, As Needed Project Management Services Agreement
Insurance Requirements. The A. Contractor assumes all risks incident to or in connection with shall purchase and maintain, at its purpose to be conducted herein under sole cost and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionexpense, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of minimum insurance set forth below. By requiring such minimum insurance, which shall provide that such insurance County does not and shall not be changed deemed or canceledconstrued to have assessed the risks that may be applicable to Contractor, without ten days prior written notice or any Subcontractor, under this Contract, or in any way limit County’s potential recovery to insurance limits required hereunder. To the contrary, this Contract’s insurance requirements may not in any way be construed as limiting any potential liability to County or County’s potential recovery from Contractor. Contractor and any Subcontractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage.
B. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the City full extent provided by the terms and conditions of ▇▇▇▇▇the policy(s). THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates Nothing contained within this provision shall affect and/or alter the application of Insurance any other provision contained within this Contract.
C. Each insurance policy shall be delivered to written on an “occurrence” basis/form; excepting insurance for professional liability (errors and omissions), and/or pollution liability; and/or cyber liability (technology errors and omissions). Professional liability (errors and omissions), pollution liability, and cyber liability (technology errors and omissions) required by this Contract is acceptable on a “claims made” basis/form.
D. If coverage is approved and purchased on a "claims made" basis/form, the City coverage provided under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of ▇▇▇▇▇ prior to completion of the issuance Work which is subject of any this Contract or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the Work Orderwhich is the subject of this Contract. All insurance written on a “claims made” basis/form must have its policy inception or retroactive date be no later than the Effective Date of the Contract, unless otherwise approved in writing by the County’s Risk Management Office.
Appears in 2 contracts
Sources: Contractor Agreement, Contract Purchase Agreement (Cpa)
Insurance Requirements. The Contractor assumes At all risks incident to or in connection with its purpose to be conducted herein under times during the Term of this Agreement and shall indemnifyfor a period of two (2) years after termination of this Agreement for any coverage maintained on a “claims-made” basis, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or TLO and/or any of its agents or employees. In this connection, third party carriers (if applicable)(“Carrier”) shall maintain at their expense the Contractor shall carry Insurances below listed insurance in the following amounts: Commercial amounts specified below which are minimum requirements. TLO shall require that Carrier cause all of its contractors providing authorized drivers or authorized vehicles, to carry such insurance, and TLO shall be liable to TRMC for their failure to do so. Such insurance shall provide coverage to TRMC and such policies, other than Worker’s Compensation Insurance, shall include TRMC as an additional insured. Each policy shall provide that it is primary to and not contributory with any other insurance, including any self-insured retention, maintained by TLO (which shall be excess) and each policy shall provide the full coverage required by this Agreement. All such insurance shall be written with carriers and underwriters acceptable to TRMC, and eligible to do business in the states where the gathering operations are located and having and maintaining an A.M. Best financial strength rating of no less than “A-“and financial size rating no less than “VII”; provided that TLO and/or the Carrier may procure worker’s compensation insurance from the state fund of the state where the gathering operations are located.
(i) Workers Compensation and Occupational Disease Insurance which fully complies with Applicable Law of the state where the gathering operations are located, in limits not less than statutory requirements;
(ii) Employers Liability Insurance with a minimum limit of $1,000,000 Each Occurrence for each accident, covering injury or death to any employee which may be outside the scope of the worker’s compensation statute of the jurisdiction in which the worker’s service is performed, and in the aggregate as respects occupational disease;
(iii) Commercial General Liability Insurance, including contractual liability insurance covering Carrier’s indemnity obligations under this Agreement, with minimum limits of $1,000,000 General Aggregate Must combined single limit per occurrence for bodily injury and property damage liability, or such higher limits as may be required by TRMC or by Applicable Law from time to time. This policy shall include Broad Form Contractual Liability insurance coverage for blanket contractual liability for which shall specifically apply to the obligations assumed under contract Comprehensive in this Agreement by TLO;
(iv) Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to Insurance covering all owned, non-ownedowned and hired vehicles, leasedwith minimum limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, hired or borrowed vehicles such higher limit(s) as may be required by TLO or by Applicable Law from time to time. Coverage must assure compliance with Sections 29 and must include coverage for blanket contractual 30 of the Motor Carrier Act of 1980 and all applicable rules and regulations of the Federal Highway Administration’s Bureau of Motor Carrier Safety and Interstate Commerce Commissioner (Form MCS 90 Endorsement). Limits of liability for this insurance must be in accordance with the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are financial responsibility requirement of the Motor Carrier Act, but not less than $1,000,000 per occurrence;
(v) Excess (Umbrella) Liability Insurance with limits not less than $4,000,000 per occurrence. Additional excess limits may be utilized to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationsupplement inadequate limits in the primary policies required in items (ii), if applicable(iii), and coverage for Federal Employers’ (iv) above;
(vi) Pollution Legal Liability Actwith limits not less than $25,000,000 per loss with an annual aggregate of $25,000,000. Coverage shall apply to bodily injury and property damage including loss of use of damaged property and property that has not been physically injured; clean up costs, if applicable Employer’s Liability defense, including costs and expenses incurred in the investigation, defense or settlement of claim; and
(vii) Property Insurance, with a limit of no less than $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy1,000,000, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ property insurance shall be furnished with a certificate first-party property insurance to adequately cover TLO’s owned property; including personal property of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderothers.
Appears in 2 contracts
Sources: Trucking Transportation Services Agreement (Tesoro Logistics Lp), Trucking Transportation Services Agreement (Tesoro Logistics Lp)
Insurance Requirements. The Contractor assumes (a) RILG shall carry and maintain insurance in full force and effect throughout the term of this Agreement, at its sole cost, with Acceptable Insurance Companies or through self-insurance retentions (only if RILG demonstrates to the satisfaction of RIRRC the financial ability to do so) in amounts no less than, and with deductibles not more than, the liability, insurance coverage set forth on the attached Exhibit F.
(b) RIRRC shall carry and maintain insurance throughout the term of this Agreement, at its sole cost, with Acceptable Insurance Companies or through self-insurance retentions (only if RIRRC demonstrates to the satisfaction of RILG the financial ability to do so) and deductibles in amounts customarily maintained by RIRRC and other similarly situated waste management systems with respect to works and projects of like character.
(c) Each Party shall obtain from its insurers with respect to such insurance, endorsements (i) naming as additional insured under such policy the other Party and the other Party’s successors and assigns (collectively, the “Additional Insureds”); (ii) providing full waivers of subrogation against the Additional Insureds with respect to any liability, property and workers’ compensation policies (provided such waivers do not cause any increase in the applicable premiums payable by the Party carrying such insurance); (iii) providing that all risks incident to or in connection with its purpose to self-insured retentions and deductibles and the premium costs of all such policies shall be conducted herein under and shall indemnify, defend and save for the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out sole account of the Contractor’s operations Party carrying such insurance and arising from acts or omissions to the exclusion of its employees and shall indemnifythe Additional Insureds; (iv) providing that such policies are primary as respects the Additional Insureds, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation regardless of any law“excess” or “other insurance” clauses therein; and (v) providing that cancellations of, ordinance or regulation affecting or having application to said operation or resulting from the carelessnessmaterial changes to, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance policies shall not be changed or canceled, without ten become effective until 30 days prior written after notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be thereof has been delivered to the City of ▇▇▇▇▇ prior other Party. Each Party shall deliver to the issuance other Party certificates of any Work Orderinsurance evidencing the coverage and endorsements described in this Section 9.1.
Appears in 2 contracts
Sources: Site Lease and Landfill Gas Delivery Agreement (Ridgewood Electric Power Trust Iii), Site Lease and Landfill Gas Delivery Agreement (Ridgewood Electric Power Trust Iv)
Insurance Requirements. The Contractor assumes 5.1 All of Tenant's contractors shall carry worker's compensation insurance covering all risks incident to or of their respective employees, and shall also carry public liability insurance, including property damage, all with limits, in connection form and with its purpose companies as are required to be conducted herein under carried by Tenant as set forth in the Lease.
5.2 Tenant shall carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of the Tenant Improvements, and such other insurance as Landlord may reasonably require, it being understood and agreed that the Tenant Improvements shall be insured by Tenant pursuant to the Lease immediately upon completion thereof. Such insurance shall be in amounts and shall indemnifyinclude such extended coverage endorsements as may be reasonably required by Landlord including, defend but not limited to, the requirement that all of Tenant's contractors shall carry excess liability and save Products and Completed Operation coverage insurance, each in amounts not less than $500,000 per incident, $1,000,000 in aggregate, and in form and with companies as are required to be carried by Tenant as set forth in the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind Lease.
5.3 Certificates for all insurance carried pursuant to persons or property arising directly or indirectly out this Improvement Agreement must comply with the requirements of the Contractor’s operations Lease and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to Landlord before the City commencement of ▇▇▇▇▇ prior construction of the Tenant Improvements and before the contractor's equipment is moved onto the site. In the event the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall promptly repair the same at Tenant's sole cost and expense. Tenant's contractors shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Product and Completed Operation Coverage insurance required by Landlord, which is to be maintained for the issuance remaining Lease Term following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Paragraph 5 shall name Landlord and Tenant as "Additional Insureds". All insurance maintained by Tenant's contractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any Work Orderother insurance maintained by owner is excess and noncontributing with the insurance required hereunder.
Appears in 2 contracts
Sources: Annual Report, Lease Agreement (Gilead Sciences Inc)
Insurance Requirements. The Contractor assumes all risks incident will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to or conduct business in connection the State of California: The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement □ General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $500,000 per occurrence/ $500,000 aggregate □ Professional Errors and Omission Insurance—such coverage shall not be less than $1,000,000 per claim and aggregate. □ Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. □ A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of ▇▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyValley, defend, save harmless it is agreed that the City of ▇▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionValley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇▇ Valley Housing Authority, and the ▇▇▇▇▇▇ Valley Community Services District, their officers, employees and agents are included as additional insured under this policy and the coverage(s) provided shall be furnished primary insurance and not contributing with a certificate of insurance, which shall provide that such any other insurance shall not be changed or canceled, without ten days prior written notice available to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇ Valley, the ▇▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to Valley Housing Authority, and the City of ▇▇▇▇▇▇ Valley Community Services District, its officers, employees and agents, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.
Appears in 2 contracts
Sources: Agreement for on Site and/or Professional Services, Agreement for on Site and/or Professional Services
Insurance Requirements. (1) Manager agrees to secure and maintain in full force and effect for the full Term of this Agreement, at Manager’s sole cost and expense, except the extent set forth in the Approved Budget hereunder, the insurance coverage, with the required terms and conditions, set forth in this Section 7.1:
(a) Workers Compensation Insurance in compliance with the laws of the State of California, including Employers Liability Insurance, in an amount not less than $1,000,000 per occurrence.
(b) Manager has the responsibility to manage, operate, conduct day-to- day maintenance, and coordinate and oversee other parties’ work on the Property. Its Commercial General Liability Insurance shall cover such responsibilities and shall be written on an occurrence form, CG 00 01 or equivalent, with defense costs in addition to limits, insuring Bodily Injury, Personal Injury, and Property Damage, including Premises and Operations coverage for the entire ARTIC Site (except for any areas otherwise specifically carved out of Manager’s area of responsibility), Product and Completed Operations coverage, Contractual Liability coverage, in an amount not less than $1,000,000 per occurrence, and not less than $2,000,000 in the aggregate for this location and Agreement. The Contractor assumes City (as named insured means, the City of Anaheim, its elected and appointed officials, officers, employees and agents) and the Manager shall each be specifically and separately included as named as named insureds on such policies as respects operating and managing the ARTIC Site in accordance with the terms of this Agreement. Such insurance shall be the primary coverage, shall provide coverage for the Premises risk for the entire ARTIC Site (except for any areas otherwise specifically carved out of Manager’s area of responsibility) and shall not seek contribution from any insurance or self-insurance maintained by the additional insureds. Such Commercial General Liability Insurance shall provide coverage for third-party injuries and losses which may occur, have occurred, or are alleged to have occurred, and shall respond whether or not a claimed loss has, or has not, been proven to be valid; such to the terms and conditions of the policy and pursuant to this Agreement. Comprehensive Automobile Liability Insurance on all risks incident owned, non- owned, hired or leased automotive equipment used in the performance of the Services, in an amount not less than $1,000,000 per occurrence, combined single limit, written on an occurrence form.
(c) Excess or Umbrella Liability Insurance excess of the underlying Commercial General, Automobile, and Employer’s Liability, in an amount such that when added to the primary coverage required above shall not be less than $10,000,000 per occurrence, written on an occurrence form, and not less than $10,000,000 in the aggregate for this location and Agreement. The policy shall be concurrent with and follow the form of the underlying insurance, including additional insured provisions and shall be primary and noncontributing with any insurance maintained by the additional insureds. Should this insurance have claims filed against it that are reasonably expected to erode 70% of the aggregate limits for any policy period, Manager shall notify City’s Risk Manager to discuss procurement of coverage to reinstate the limits.
(d) All-Risk Property Insurance in an amount equal to the replacement value of Manager’s personal property and equipment at the Property, if any.
(e) Crime Insurance for the benefit of City, including both first-party and third-party fidelity coverage, covering all of Manager’s employee involved in handling or accounting for cash and other types of monetary instruments taken in by Manager in the course of business (including but not limited to checks and credit card transaction records), and covering Manager’s collection and retention of funds received in the course of business for loss exposures including, but not limited to, theft (inside and outside), robbery, mysterious disappearance, computer fraud, and depositor’s forgery.
(2) If Manager’s work includes professional design or engineering services, by professionals on staff or under a consulting agreement, Manager must secure, acquire and maintain, or require its independent consultant to acquire and maintain, Professional Liability Insurance in limits not less than $1,000,000, per occurrence and aggregate, covering the professional services performed in connection with its purpose the Property and continuing in force by renewal or extended reporting provision for not less than three years after completion of such professional design or engineering services. This coverage form may be “claims made” and include defense expense within the limit of liability.
(3) On insurance policies where the City is named as an insured, the City shall be an insured to be conducted the full limits of liability purchased by the Manager, even if such limits of liability are in excess of those required by this Agreement. If a policy has language to the contrary, Manager must secure and provide to City an endorsement removing such limitation. Any agreements entered into by either Manager or City, subsequent to the effective date of this Agreement with respect to the Property shall name City and Manager as additional insureds (on all applicable coverages) and, to fullest extent obtainable, shall provide for a waiver of subrogation.
(4) The limits of coverage set forth herein under are only minimum requirements and shall indemnify, defend and save the City not serve to limit any higher levels of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out coverage otherwise purchased by Manager.
(5) Manager’s insurance coverages required herein must include a waiver of the Contractor’s operations insurance companies’ rights of subrogation against City and arising from acts or omissions the Indemnitees and City hereby agrees to cause its insurance companies to waive their rights to subrogation against Manager.
(6) Prior to beginning work under this Agreement, Manager shall submit to City evidence of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In coverages required in this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableSection 7.1, and within 30 days of the effective date of this Agreement shall submit endorsements to Manager’s coverage for Federal Employers’ Liability Actin form and substance satisfactory to City as required in this Section 7.1, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain including additional insured requirements. If the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall information is not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.submitted within ten
Appears in 2 contracts
Sources: Facility Management Agreement, Facility Management Agreement
Insurance Requirements. The Contractor assumes all risks incident Vendor agrees to maintain the following minimum insurance requirements for the duration of this Agreement to cover liabilities for claims or damages that Vendor agrees, or a court of law with a final order that cannot be appealed, determines are caused solely by Vendor; Vendor will bear no responsibility for insurance coverage relating to claims that arise in connection with the negligence or willful misconduct of TIPS or any of TIPS Members, officers, employees, Directors, Trustees or agents while acting within the scope of their position or in connection with TIPS’ or its purpose to be conducted herein under Members’ use or misuse of Vendor’s products, services, property or data. TIPS and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions each of its employees and shall indemnifyMembers, defendagrees to maintain the following below insurance coverage or be self-insured to cover liabilities for claims that are caused by TIPS, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor its Members or any end users. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size category of its agents or employeesVII and at least a rating of “A‐” by A.M. Best Key Rating Guide. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles The coverages and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services limits are to be performed Must include coverage for Longshoremen’s considered minimum requirements and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella in no way limit the liability policy, which follows form, may be used of the Vendor(s). Any immunity available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance TIPS or TIPS Members shall not be changed used as a defense by the contractor's insurance policy. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non‐renewed or canceled, without ten reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the City of ▇▇▇▇▇TIPS or the TIPS Member. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSUREDGeneral Liability: $1,000,000 each Occurrence/Aggregate Automobile Liability: $300,000 Includes owned, hired & non‐owned Workers' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. Certificates of Insurance If Vendor performs in multiple jurisdictions, Vendor and TIPS and its Members shall be delivered to each maintain the City of ▇▇▇▇▇ prior to statutory limits for the issuance of any Work Order.jurisdiction with the greatest dollar policy limit requirement. Umbrella Liability: $1,000,000 each Occurrence/Aggregate
Appears in 2 contracts
Sources: Order Form, Vendor Agreement
Insurance Requirements. The Contractor assumes all risks incident Contractor, at its own cost and expense, shall procure and maintain insurance coverage satisfactory to or TRIPLE CROWN, which shall include not less than the following coverage:
a) Worker’s Compensation Insurance to meet fully the requirement of any Compensation act, plan, legislative enactment applicable in connection with its purpose to be conducted herein under and shall indemnifythe death, defend and save the City disability, or injury of ▇▇▇▇▇ harmless from damage Contractor’s officers, agents, servants or injuries of whatever nature or kind to persons or property employees arising directly or indirectly out of performance of the services herein undertaken;
b) Employer’s Liability Insurance with limits of not less than $500,000 each accident, $500,000.00 USD policy limit for disease, and $500,000.00 USD each employee for disease;
c) Commercial General Liability Insurance with a combined single limit of not less than $2,000,000.00 USD per occurrence for injury to or death of persons and damage to or loss or destruction of property. Such policy shall be endorsed to provide products and completed operations coverage and contractual liability coverage for liability assumed under this Agreement. The contractual liability coverage shall be of a form that does not deny coverage for operations conducted within 50 feet of any railroad hazard. In addition, said policy or policies shall be endorsed to name TRIPLE CROWN and its parent(s), subsidiaries and affiliates as additional insureds, and shall include a severability of interests provision;
d) Trucker’s Liability Insurance with a combined single limit of not less than $2,000,000.00 USD each occurrence for injury to or death of persons and damage to or loss or destruction of property. Such policy shall be endorsed to provide Form MCS-90 coverage as presently prescribed by the Federal Motor Carrier Safety Administration and shall meet all insurance requirements of the Motor Carrier Act of 1980, as amended from time to time, and/or any other governmental regulation requiring insurance of motor carriers as a prerequisite for operating authority, as such Act or other regulation shall be implemented from time to time by any duly authorized government agency, regardless of whether such requirements would otherwise have applied to Contractor’s operations . Said policy or policies shall also be endorsed to name TRIPLE CROWN and arising from its parent(s), subsidiaries, and affiliates as additional insureds, and shall include a severability of interests provision;
e) Insurance covering damage to lading or cargo with limits of not less than $250,000.00 USD for freight in each trailer. This insurance shall not be applicable to services in Mexico, unless such is requested by TRIPLE CROWN.
f) For Services in Mexico:
(i) Civil liability insurance for damage to third parties for all owned and non- owned vehicles of Contractor or its employees, Subcontractors, or agents in an amount that is the greater of the minimum requirements established by the competent transportation authorities in Mexico or MXN$2,000,000.00 Pesos per accident for: injury to or death of persons and damage to or loss or destruction of property, including hazardous materials and/or products, in an accident; damage to property caused in whole or in part by acts or omissions of Contractor or its employees employees, Subcontractors, or agents; or any other activity associated or related to the Agreement or by acts of God or force majeure, in accordance with applicable Mexican Civil Code, the Federal Labor Law and other applicable Laws (as defined herein).
(ii) When necessary, environmental civil liability insurance in the total amount of not less than MXN$2,000,000.00 Pesos for each casualty or any other amount or amounts that from time to time are required by TRIPLE CROWN and/or the competent transportation authorities in Mexico, for injury to or death of persons and damage to or loss or destruction of property, and damage to the environment, including from hazardous materials and products, regardless of cause. Contractor shall indemnifyfurnish certificates of insurance to TRIPLE CROWN, defend, save harmless the City of ▇ ▇▇▇▇▇▇ from any penalties for violation of any law▇▇▇▇▇▇, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇ ▇ ▇▇▇▇▇▇▇▇ shall be furnished with a certificate of insurance▇▇▇▇ ▇▇, which shall provide that such insurance shall not be changed or canceled▇▇▇▇▇ ▇▇▇, without ten days prior written notice to the City of ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇▇ Attn: Director of Operations, certifying the existence of such insurance. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Each insurance policy required by this clause shall be delivered endorsed to the City of ▇▇▇▇▇ prior state that thirty (30) days advance written notice will be given to the issuance TRIPLE CROWN of any Work Ordermaterial change in, or cancellation of such insurance. For the Mexico insurance, the policies providing the foregoing coverage shall be issued by insurance institutions duly authorized to operate in Mexico and with acceptable creditworthiness. If Contractor uses “owner operators” or subcontractors, Contractor will assure the same insurance coverage is extended to cover any and all operations by said owner operators or subcontractors. The insurance coverage required herein shall in no way limit, affect, or modify Contractor’s obligations or liability under this Agreement.
Appears in 2 contracts
Sources: Drayage Services Agreement, Drayage Services Agreement
Insurance Requirements. a) The Contractor assumes Applicant shall purchase and maintain during the term of this agreement, at their sole expense, all risks incident insurance required by the applicable laws of the Commonwealth of Massachusetts and other insurance specified in this section. Insurance must be issued by insurance companies licensed to write such insurance in the Commonwealth of Massachusetts, and will have a current rating provided by “Best’s Insurance Reports” of A- VII or in connection with above. The Applicant may self-insure any portion of its purpose insurance requirements hereunder as long as: (i) its audited GAAP net assets exceed $250 million at the end of Applicant’s preceding fiscal year end, and (ii) the Applicant has provided commercially reasonable evidence to MassDOT and the Participants that its audited GAAP net assets exceed $250 million at the end of Applicant’s preceding fiscal. The requirements of section 11(g) will operate the same whether provided by insurance or self-insurance.
b) Insurance Certificates including statements evidencing all requirements listed below shall be conducted herein under delivered to MassDOT prior to approval of the Application, and renewal certificates will be delivered no later than 30 days prior to expiration of the preceding policy or by the renewal date of the preceding policy. Failure of the Applicant to provide and continue to enforce such insurance shall be deemed a violation of this agreement. These requirements are minimum limits and coverages and shall indemnify, defend and save not be construed to limit the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out liability of the Contractor’s Applicant or its insurers.
c) Commercial General Liability for bodily injury and property damage, on an occurrence form, no less broad than ISO Form CG 2010 10 01. Coverage must include premises/operation, products/completed operations liability once commercial product sales commence, contractual liability, and arising from acts or omissions personal/advertising injury subject to a minimum limit of its employees one million ($1,000,000) per occurrence and shall indemnify, defend, save harmless two million ($2,000,000) annual aggregate. A separate stand- alone products policy subject to the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive same limits is acceptable.
d) Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to covering all owned, non-owned, hired, leased, hired or borrowed rented vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability Test Vehicles with limits no less than one million ($1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable1,000,000) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Ordercombined single limit.
Appears in 2 contracts
Insurance Requirements. 9.1 The Contractor assumes shall provide, with each original of the signed Contract, an insurance certificate or certificates acceptable to the Owner and BGS. The Contractor shall submit insurance certificates to the Owner and BGS at the commencement of this Contract and at policy renewal or revision dates. The certificates shall identify the project name and BGS project number, and shall name the Owner as certificate holder and as additional insured for general liability and automobile liability coverages. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner and BGS.
9.2 The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Contractor or its Subcontractors. The Contractor is responsible for the existence, extent and adequacy of insurance prior to commencement of work. The Contractor shall not allow any Subcontractor to commence work until all similar insurance required of the Subcontractor has been confirmed by the Contractor.
9.3 The Contractor shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought. The Contractor shall ensure that all Subcontractors they engage or employ will procure and maintain similar insurance in connection with its purpose form and amount acceptable to the Owner and BGS. At a minimum, the insurance shall be conducted of the types and limits set forth herein under and shall indemnify, defend and save protecting the City of ▇▇▇▇▇ harmless Contractor from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of claims which may result from the Contractor’s execution of the Work, whether such execution be by the Contractor or by those employed by the Contractor or by those for whose acts they may be liable. All required insurance coverages shall be placed with carriers authorized to conduct business in the State of Maine by the Maine Bureau of Insurance.
9.3.1 The Contractor shall have Workers’ Compensation insurance for all employees on the Project site in accordance with the requirements of the Workers’ Compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit When applicable, a Sole Proprietor, or Partner or Member of a Limited Liability Company shall provide evidence of an approved application for waiver from the Workers’ Compensation Board regarding employment of a parent, spouse, domestic partner, or child.
9.3.2 The Contractor shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. The policy shall include collapse and underground coverage as well as explosion coverage if explosion hazards exist. Aggregate limits shall apply on a location or project basis. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations and arising from acts aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000
9.3.3 The Contractor shall have Automobile Liability insurance against claims for bodily injury, death or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or property damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leasedtrucks and trailers. Minimum acceptable limit is: Any one accident or loss $500,000
9.3.4 For the portion of projects which are new construction, hired or borrowed vehicles the Contractor shall procure and must include coverage for blanket contractual liability for maintain Builder’s Risk insurance naming the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ CompensationOwner, if applicableContractor, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, any Subcontractor as insureds as their interest may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City appear. Covered causes of ▇▇▇▇▇ loss form shall be furnished with a certificate all Risks of insuranceDirect Physical Loss, which shall provide that such endorsed to include flood, earthquake, transit and sprinkler leakage where sprinkler coverage is applicable. Unless specifically authorized in writing by the Owner, the limit of insurance shall not be changed or canceled, without ten days prior written notice to less than the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance initial contract amount and coverage shall be delivered to apply during the City of ▇▇▇▇▇ prior to entire contract period and until the issuance of any Work Orderwork is accepted by the Owner.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
Insurance Requirements. The Contractor assumes shall not commence performing services under this Contract unless and until all risks incident insurance required by this Article is in effect, and shall ensure continuous insurance coverage in the manner, form, and limits required by this Article throughout the term of the Agreement.
(a) The Contractor shall maintain, at its expense, Commercial General Liability Insurance covering the Contractor as Named Insured and the Corporation as an Additional Insured in the amount of at least Two Million Dollars ($2,000,000) per occurrence. Such insurance shall protect the Corporation and the Contractor from claims for property damage and/or bodily injury, including death that may arise from any of the operations under this Contract. Coverage under this insurance shall be at least as broad as that provided by the most recently issued Insurance Services Office (“ISO”) Form CG 0001, and shall be "occurrence" based rather than “claims-made.”
(b) At the Corporation’s direction, if professional services are provided pursuant to or in connection with its purpose this Contract, each of the Contractor and all subcontractors of the Contractor providing professional services, shall maintain and submit evidence of Professional Liability Insurance appropriate to the type(s) of such services to be conducted herein provided under and this Contract in the amount of at least One Million Dollars ($1,000,000) per claim. The policy or policies shall indemnify, defend and save include an endorsement to cover the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property liability assumed by the Contractor under this Contract arising directly or indirectly out of the Contractor’s operations and arising from acts negligent performance of professional Services or omissions caused by an error, omission or negligent act of the Contractor or of its employees and employees.
(c) Claims-made policies will be accepted for Professional Liability Insurance. All such policies shall indemnify, defend, save harmless the City have an extended reporting period option or automatic coverage of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesnot less than two years. In this connectionIf available as an option, the Contractor shall carry Insurances purchase extended reporting period coverage effective on cancellation or termination of such insurance unless a new policy is secured with a retroactive date, including at least the last policy year.
(d) In addition to the other coverage required hereunder, the Contractor shall maintain, and ensure that each subcontractor maintains, all insurance coverage required by law.
(e) If vehicles are used in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for provision of Services, then the obligations assumed under contract Comprehensive Contractor shall maintain Business Automobile Liability insurance in the amount of at least One Million Dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all 1,000,000) each accident combined single limit for liability arising out of ownership, maintenance or use of any owned, non-owned, leased, or hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ in connection with this Contract. Coverage shall be furnished with a certificate of insuranceat least as broad as the most recently issued ISO Form CA0001.
(f) If vehicles are used for transporting hazardous materials, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Business Automobile Liability Insurance shall be delivered endorsed to the City provide pollution liability broadened coverage for covered vehicles (endorsement CA 99 48) as well as proof of ▇▇▇▇▇ prior to the issuance of any Work OrderMCS-90.
Appears in 2 contracts
Insurance Requirements. The Contractor assumes Each insurance policy and certificate thereof obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord, its members, partners and any persons, firms or corporations designated by Landlord with at least thirty (30) days prior written notice of any material change, non-renewal or cancellation of the policy, or at least ten (10) days prior notice in the event of cancellation for failure to pay. Each such insurance policy shall be with an insurance company authorized to do business in the State of Arizona and rated not less than A VIII in the then most current edition of “Best’s Key Rating Guide”. Certified copies of all risks incident insurance policies evidencing the coverage under each such policy, as well as a certified copy of the required additional insured endorsement(s) (ISO Form CG 20-26 or its equivalent) shall be delivered to Landlord prior to commencement of the Lease Term. Each such policy shall provide that any loss payable thereunder shall be payable notwithstanding (a) any act, omission or neglect by Tenant, or (b) any occupation or use of the Leased Premises or any portion thereof by Tenant or by any subtenant of Tenant for purposes more hazardous than permitted by the terms of such policy or policies, or (c) any foreclosure or other action or proceeding taken by any mortgagee or trustee pursuant to any provision of any mortgage or deed of trust covering the Leased Premises, the Building or the Project, or (d) any change in connection title or ownership of the Property. All insurance policies required pursuant to this Article 7 shall be written as primary policies, and shall provide that any insurance which Landlord or Landlord’s lender may carry is strictly excess, secondary and non-contributing with any insurance carried by Tenant. Tenant shall procure and maintain all policies entirely at its purpose own expense and shall, at least twenty (20) days prior to the expiration of such policies, furnish Landlord with certified copies of replacement policies or renewal certificates for existing policies. Tenant shall not do or permit to be conducted herein under and done anything which shall indemnifyinvalidate the insurance policies maintained by Landlord or the insurance policies required pursuant to this Article 7 or the coverage thereunder. If Tenant or any subtenant of Tenant does or permits to be done anything which shall increase the cost of any insurance policies maintained by Landlord, defend and save then Tenant shall reimburse Landlord for any additional premiums attributable to any act or omission or operation of Tenant or any subtenant of Tenant causing such increase in the City cost of ▇▇▇▇▇ harmless from damage or injuries insurance. Any such amount shall be payable as Additional Rent within thirty (30) days after receipt by Tenant of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇a ▇▇▇▇ from any penalties for violation Landlord. All policies of any law, ordinance insurance (other than the policy of property insurance described in Article 7.2) shall name both Landlord and Tenant (and/or such other party or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles parties as Landlord may require) as insureds and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide endorsed to indicate that such insurance the coverage provided shall not be changed invalid due to any act or canceledomission on the part of Landlord. In addition, without ten days prior written notice the policy of property insurance described in Article 7.2 shall name Landlord (and Landlord’s Lender, if Landlord shall so require) as a co-loss payee. The insurance requirements contained in this Article 7 are independent of Tenant’s waiver, indemnification and other obligations under this Lease and shall not be construed or interpreted in any way to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered restrict, limit or modify Tenant’s waiver, indemnification or other obligations or to the City of ▇▇▇▇▇ prior to the issuance of in any Work Orderway limit Tenant’s obligations under this Lease.
Appears in 2 contracts
Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
Insurance Requirements. Company must obtain and maintain insurance adequate to cover any loss or damage to the Wardrobe or otherwise incurred by United Costume related to the Agreement. Without limiting the foregoing, Company shall provide United Costume with evidence of liability and fire and extended coverage (special form or all-risk floater) insurance as United Costume shall request, including, but not limited to, endorsements for unlocked and unattended vehicles, political appropriation, damage and loss during transit, as appropriate. The Contractor assumes all risks incident obligation to provide such insurance, on the one hand, and the obligations under Section 12 (Indemnity) and under Section 5 (Risk of Loss), on the other hand, are independent obligations, and none of them modifies or in connection with affects the other. Company shall provide workers’ compensation insurance for its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In Company shall, at its own expense, maintain at all times during the term of this connectionAgreement commercial general liability insurance (the “Liability Insurance”), including coverage for the operations of independent contractors and standard contractual liability coverage. The Liability Insurance shall include, without limitation, the Contractor shall carry Insurances in the following amountscoverages: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket standard contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedliability, non-ownedpersonal injury liability, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablecompleted operations, and coverage for Federal Employers’ product liability. The Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned Insurance shall provide aggregate limits Professional Liability (if applicable) $1,000,000 Each Claim of not less than $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that (including the coverages specified above) and not less than $2,000,000 per occurrence. All such insurance shall be primary and not contributory insurance and shall name United Costume as an additional insured and as a loss payee. All insurance maintained by Company pursuant to the foregoing provisions shall contain a waiver of subrogation rights in respect of any liability imposed by this Agreement on Company as against United Costume. Company shall hold United Costume harmless from and shall bear the expense of any applicable premiums, deductible amounts and self-insured retentions provided for or by any of the insurance policies required to be maintained under this Agreement. In the event of loss or any Claim (defined in Section 12 (Indemnity)), Company shall promptly pay the amount of the deductible or self-insured retention or the applicable portion thereof to United Costume or the appropriate insurance carrier(s), as applicable. Notwithstanding anything to the contrary contained in this Agreement, the fact that a loss may not be changed covered by insurance provided by Company under this Agreement or, if covered, is subject to deductibles, retentions, conditions or canceledlimitations shall not affect Company’s liability for any loss. Should Company fail to procure or pay the cost of maintaining in force any insurance specified herein, without ten days prior or to provide United Costume upon request with satisfactory evidence of such insurance, United Costume may, but shall not be obligated to, procure the insurance and Company shall reimburse United Costume on demand for its costs. Lapse or cancellation of any required insurance shall be deemed to be an immediate and automatic default of this Agreement. Company and Company’s insurance companies shall provide United Costume with not less than 10 days’ written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance effective date of any Work Ordercancellation or material change to any insurance maintained by Company pursuant to the foregoing provisions. Before obtaining possession of the Wardrobe, Company shall provide to United Costume certificates of insurance confirming the coverages and endorsements specified above. All certificates shall be signed by an authorized agent or representative of the insurance carrier.
Appears in 2 contracts
Sources: Wardrobe Rental Agreement, Wardrobe Rental Agreement
Insurance Requirements. a. Service Provider shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance:
(1) Commercial General Liability (including, without limitation, Contractual Liability, Personal Injury, Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001) with limits no less than one million dollars ($1,000,000) per Occurrence and two million dollars ($2,000,000) Aggregate for bodily injury, personal injury and property damage.
(a) The Contractor assumes all risks incident deductible or self-insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self-insured retention in writing.
(b) The Commercial General Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit B, Certificate of Insurance, attached hereto and incorporated herein).
(c) The coverage provided to the District, as an additional insured, shall be primary and any insurance or in connection with its purpose to self- insurance maintained by the District shall be conducted herein under excess of the Service Provider’s insurance and shall indemnify, defend and save not contribute to it.
(d) The Commercial General Liability policy shall be endorsed to include a waiver of transfer of rights of recovery against the City District (“Waiver of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Subrogation”).
(2) Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability (Owned, Scheduled, Non-Owned, or Hired Automobiles) written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than one million dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles 1,000,000) combined single limit per accident for bodily injury and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor property damage.
(3) Workers’ Compensation, if applicablestatutory limits, is required of the Service Provider and coverage all sub-consultants (or be a qualified self-insured) under the applicable laws and in accordance with “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Employer’s Liability, in an amount of not less than one million dollars ($1,000,000) each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. This policy shall be endorsed to include a waiver of subrogation endorsement, where permitted by law.
(4) Ship Repairer's Legal Liability insurance in the amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) aggregate.
(5) Umbrella or Excess Liability insurance with limits no less than one million dollars ($1,000,000) per occurrence and aggregate. This policy must provide excess insurance over the same terms and conditions required above for Federal Employers’ the General Liability, Automobile Liability Act, if applicable and Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypolicies.
b. Service Provider shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in a form acceptable to the District, which follows forman exemplar Certificate of Insurance is attached as Exhibit B and made a part hereof, may be used to obtain evidencing the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City existence of ▇▇▇▇▇ the necessary insurance policies and endorsements required shall be furnished kept on file with a the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such policies must be endorsed so that the insurer(s) must notify the District in writing at least 30 days in advance of policy cancellation. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance.
c. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, which the addendum shall provide that such indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage.
d. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Service Provider or Service Provider’s sub-contractors or any tier of Service Provider’s sub-contractors. District shall not be changed or canceled, without ten days prior written notice reserve the right to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance obtain complete copies of any Work Orderof the insurance policies required herein.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of As required by ▇▇▇▇▇▇ harmless and applicable law, and as may be modified from damage or injuries time to time, Borrower shall: keep the Improvements insured at all times against any hazards, which insurance shall include coverage against loss by fire and all other perils insured by the “special causes of whatever nature or kind to persons or property arising directly or indirectly out loss” coverage form, business income coverage, and flood (if any of the ContractorImprovements are located in an area identified by FEMA as an SFHA), and may include boiler and machinery coverage, equipment breakdown coverage, sinkhole insurance, mine subsidence insurance, earthquake insurance, terrorism insurance, named storm insurance and, if the Mortgaged Property does not conform to applicable building, zoning, or land use laws, ordinance and law coverage; maintain or shall cause to be maintained at all times commercial general liability insurance, and such other liability insurance, workers compensation insurance, directors’ and officers’ insurance, professional liability insurance, and fidelity insurance coverage; and maintain builder’s operations risk and arising from acts associated commercial general liability insurance, and other insurance in connection with completing the Repairs or omissions Replacements, as applicable. Delivery of its employees Policies, Renewals, Notices, and shall indemnify, defend, save harmless the City of Proceeds. Borrower shall: cause all insurance policies which can be endorsed with standard non-contributing mortgagee clauses making loss payable to Lender (or ▇▇▇▇▇ from any penalties for violation ▇▇’s assigns) to be so endorsed; promptly deliver to Lender a copy of any lawall renewal and other notices, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor including non-renewal or any notice of its agents or employees. In lapse of coverage, received by Borrower with respect to the policies and all receipts for paid premiums; deliver evidence, in form and content acceptable to Lender, that each required insurance policy under this connection, Article 9 has been renewed not less than fifteen (15) days prior to the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableapplicable expiration date, and coverage for Federal Employers’ Liability Act, (if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability such evidence is other than an original or duplicate original of a renewal policy, which follows form, ) deliver the original or duplicate original of each renewal policy (or such other evidence of insurance as may be used required by or acceptable to obtain Lender) in form and content acceptable to Lender within ninety (90) days after the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City applicable expiration date of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall the original insurance policy; provide that such insurance shall not be changed or canceled, without ten days prior immediate written notice to the City insurance company and to Lender of any event of loss; execute such further evidence of assignment of any insurance proceeds as Lender may require; provide immediate written notice to Lender of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇’s or Master ▇▇▇▇▇▇’s receipt of any insurance proceeds under any insurance policy required by Section 9.02(a)(1) above and, if requested by Lender, deliver to Lender all of such proceeds received by Borrower or Master Lessee to be applied by ▇▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.in accordance with this Article 9; and
Appears in 2 contracts
Sources: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement
Insurance Requirements. The Contractor assumes shall secure and maintain at Contractor's expense, throughout the term of this Agreement, such policy or policies of general liability and casualty insurance in an amount not less than One Million Dollars ($1,000,000.00) each occurrence, not less than Three Million Dollars ($3,000,000.00) annual aggregate, for all risks incident of Contractor's business activities under this Agreement. Contractor shall also secure and maintain comprehensive automobile liability insurance with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00), each occurrence, with respect to the Contractor's vehicles (whether owned, hired, non-owned), assigned to or utilized in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City performance of ▇▇▇▇▇ harmless from damage or injuries this Agreement. Upon execution of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionAgreement, the Contractor shall carry Insurances in provide Administrator copies of all certificates of insurance and upon renewal; Contractor shall provide copies to Administrator within thirty (30) Days of renewal. The Contractor shall notify Administrator within five (5) days from the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual time the Contractor receives notice of cancellation or amendment to these insurance policies. The Contractor shall notify Administrator promptly of any legal action alleging professional negligence against the Contractor and of any final judgment that may be rendered against the Contractor relating to such legal action. If any policy of liability for insurance is terminated, the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ CompensationContractor shall immediately notify Administrator and, if applicablethe insurance was "claims made" coverage, the Contractor shall purchase "tail" coverage in an amount necessary and adequate to continue coverage for Federal Employers’ Liability Actwhich meets all of the requirements of this paragraph relating to any Housing Services rendered during the term of this Agreement. The Contractor further agrees that this provision shall survive the termination of this Agreement regardless of the cause giving rise to termination. The Contractor shall name Administrator their agents, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain officials and employees as additional insureds and shall specify that the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ insurance afforded by the Contractor shall be furnished with a certificate primary insurance and any insurance or self-insurance of Administrator or its employees shall be excess, not contributory insurance, which to that provided by the Contractor. Such policy shall provide that such insurance shall not be changed or canceled, without ten days contain a severability of interest’s provision and provision for at least thirty- (30) day’s prior written notice to Administrator of any cancellations, non-renewal or material change in coverage. Administrator reserves the City right to continue payment of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance premiums for which reimbursement shall be delivered deducted from amounts due or subsequently due to the City of ▇▇▇▇▇ prior Contractor. Insurers qualified to the issuance of any Work Ordertransact business in Arizona shall issue all policies.
Appears in 2 contracts
Sources: Housing Acquisition and Rehabilitation Agreement, Housing Acquisition and/or Renovation Agreement
Insurance Requirements. Owner shall retain the right, upon written request, to procure and maintain the policies required in sections a, b, c, d, or e of this ARTICLE 13, provided, however, that such policies shall be placed with responsible and properly authorized companies, meet the minimum requirements as contained in this ARTICLE 13, be reasonably acceptable to Operator, and the coverage provisions provided shall apply to Operator’s benefit. The Contractor assumes cost of maintaining liability insurance shall be an Operating Expense of the Hotel. Should Owner exercise such right, (i) Operator will retain the right to procure contingent liability coverage at Owner’s expense as an Operating Expense of the Hotel, (ii) if the cost of the liability insurance procured by Owner exceeds the cost of Operator’s comparable coverage (including as a result of proration of blanket coverage), all risks incident to or in connection with its purpose to such excess costs shall be conducted herein under the sole responsibility of Owner and shall indemnifynot be an Operating Expense, defend and save (iii) Owner hereby waives its rights of recovery from Operator and its Affiliates (and their respective directors, officers, shareholders, agents and employees) for loss or damage to the City Hotel and any resultant interruption of ▇▇▇▇▇ harmless from damage business. All policies evidencing such insurance in this ARTICLE 13 shall name the Owner, Operator and Operator, and their respective Affiliates as named or injuries additional named insureds as their interests may appear, and may, at Owner’s election, name any mortgagee, lien holder or other security interest holder of whatever nature all or kind to persons or property arising directly or indirectly out any part of the ContractorHotel as an additional insured thereunder, as its interest may appear.
(a) An “all risk” policy (including Difference in Conditions coverage which shall include earthquake, windstorm and flood) insuring all real and personal property, in an amount Owner and Operator shall mutually deem advisable.
(b) Insurance on the Hotel against loss or damage from an accident to and/or caused by boilers, heating apparatus, pressure vessels, pressure pipes, electrical or air conditioning equipment, in an amount as Owner shall deem advisable.
(c) Business interruption and extra expense insurance, on a loss sustained basis, against the perils enumerated in subsections (a) and (b) above, including Operator’s operations Services Fees and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In Centralized Services Charges as provided under this connection, the Contractor shall carry Insurances in the following amounts: Agreement.
(d) Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include liability insurance including coverage for personal injury, humiliation, harassment, abuse or molestation, and on-premise products liability; innkeeper’s legal liability; dram shop insurance; blanket contractual liability; professional liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all (if available); advertising liability; automobile liability, including owned, non-owned, leased, hired or borrowed vehicles vehicles; garage liability and must include coverage garage keeper’s legal liability, all with limits of not less than $25,000,000 per loss for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to property damage, bodily injury, personal injury or death. The terms and limits required herein can be performed Must include coverage for Longshoremen’s met through any combination of primary and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ excess insurance. These policies shall be furnished specifically endorsed with a certificate of insurance, which per-location aggregate and shall provide that such the insurance will be deemed primary, and that any other insurance available to the non-insuring party shall not be changed called upon by these policies to contribute to a loss.
(e) Such additional insurance as may be required by any mortgagee or canceledlessor of the Hotel or any part thereof, without ten days prior written notice together with insurance against such other risks as Owner and Operator may hereafter mutually agree upon and that is now, or hereafter is, customary to insure against in the City operation of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates similar properties, considering the nature of Insurance the business and the geographic and climatic nature of the Hotel’s location.
(f) Employer’s liability coverage as may be required by law or as Operator shall be delivered deem advisable.
(g) If Owner does not exercise its right to procure and maintain the City policies required in sections a, b, c, d, or e of ▇▇▇▇▇ prior to the issuance of any Work Orderthis ARTICLE 13 as provided in Section 13.1, Operator shall provide such insurance on Owner’s behalf.
Appears in 2 contracts
Sources: Share Exchange Implementation Agreement, Share Exchange Implementation Agreement (Playa Hotels & Resorts N.V.)
Insurance Requirements. the Contractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California: The Contractor assumes all risks incident to or shall procure and maintain, at its sole expense: X Workers’ Compensation Insurance in connection such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement. Signature, Title X General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate X Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. X A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. In addition to providing such insurance documentation prior to entering into the agreement, contractor shall deliver a current certificate of insurance and applicable endorsement annually upon request of city and as may otherwise be reasonably requested by the City. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of ▇▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyValley, defend, save harmless it is agreed that the City of ▇▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionValley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇▇ Valley Housing Authority, and the ▇▇▇▇▇▇ Valley Community Services District, their officers, employees and agents are included as additional insured under this policy and the coverage(s) provided shall be furnished primary insurance and not contributing with a certificate of insurance, which shall provide that such any other insurance shall not be changed or canceled, without ten days prior written notice available to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇ Valley, the ▇▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to Valley Housing Authority, and the City of ▇▇▇▇▇▇ Valley Community Services District, its officers, employees and agents, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.
Appears in 2 contracts
Sources: Agreement for on Site and/or Professional Services, Agreement for on Site and/or Professional Services
Insurance Requirements. The Contractor assumes all risks incident deductible amounts, if any, with respect to insurance which Tenant is required to maintain hereunder shall not exceed five thousand dollars ($5,000) per claim or occurrence. The amount of the deductibles, if any, within this limitation shall be a business decision by Tenant; under no circumstances shall Landlord be required to reimburse Tenant for the amount of any deductible incurred by Tenant in connection with any insured event, even if the event resulting in the claim was caused or contributed to by Landlord or its purpose to be conducted herein under and shall indemnifyagents, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyservants, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In All insurance which Tenant is required to maintain hereunder shall be on an occurrence basis and shall be with financially responsible insurance companies with a Best's rating of A:X or better and which companies shall be subject to the reasonable approval of Landlord. Within five days after the execution of this connectionLease Tenant shall notify Landlord in writing of the name of Tenant's insurer. Tenant shall deliver to Landlord prior to entry on the Premises by Tenant certificates of insurance evidencing the existence and amount of such insurance, the Contractor shall carry Insurances and showing Landlord as a named insured; provided that in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must event Tenant fails to procure and maintain such insurance, Landlord may (but not be required to) procure same at Tenant's expense. All policies shall include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend a "severability of interest" endorsement with respect to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ Landlord. No such policy shall be furnished with a certificate cancelable, or subject to reduction of insurance, which shall provide that such insurance shall not be changed coverage or canceled, without ten other modification except after thirty (30) days prior written notice to Landlord by the City of ▇▇▇▇▇insurer. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ Tenant shall, within twenty (20) days prior to the issuance expiration of any Work Ordersuch policies furnish Landlord with renewals or binders or Landlord may order such insurance and charge the cost to Tenant, which amount shall be payable by Tenant upon demand. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry, and all policies shall include Tenant's employees as additional insureds. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by Tenant provided that such blanket policies expressly afford coverage to the Premises and to Tenant as required by this Lease. Tenant shall, upon request from Landlord, immediately deliver to Landlord copies of all insurance policies (including the declarations pages) in effect with respect to Tenant's business and the Premises.
Appears in 2 contracts
Sources: Lease (Optimer Pharmaceuticals Inc), Lease (Optimer Pharmaceuticals Inc)
Insurance Requirements. The Contractor assumes Developer, at Developer’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractorfollowing minimum insurance requirements in a form approved by the City’s operations authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and arising from acts property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage;
(ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation non- owned vehicles used in pursuit of any law, ordinance or regulation affecting or having application to of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said operation or resulting from coverage provided under the carelessness, negligence or improper conduct Commercial General Liability policy.
(c) Workers Compensation and Employers’ Liability policy in accordance with the laws of Contractor or any the State of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include California and providing coverage for blanket contractual liability for any and all employees of the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include Developer:
(i) This policy shall provide coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include (Coverage A); and
(i) This policy shall provide coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal $1,000,000 Employers’ Liability Act(Coverage B).
(ii) Pursuant to Labor Code section 1861, if applicable EmployerDeveloper by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Developer shall file with the City’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used Risk Manager a Certificate of Insurance or certification of permission to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice self-insure workers’ compensation conforming to the City requirements of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work OrderLabor Code.
Appears in 2 contracts
Sources: Public Improvement Agreement, Public Improvement Agreement
Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of As required by ▇▇▇▇▇▇ harmless and applicable law, and as may be modified from damage or injuries time to time, Borrower shall: keep the Improvements insured at all times against any hazards, which insurance shall include coverage against loss by fire and all other perils insured by the “special causes of whatever nature or kind to persons or property arising directly or indirectly out loss” coverage form, business income coverage, and flood (if any of the ContractorImprovements are located in an area identified by FEMA as an SFHA), and may include boiler and machinery coverage, equipment breakdown coverage, sinkhole insurance, mine subsidence insurance, earthquake insurance, terrorism insurance, named storm insurance and, if the Mortgaged Property does not conform to applicable building, zoning, or land use laws, ordinance and law coverage; maintain or shall cause to be maintained at all times commercial general liability insurance, and such other liability insurance, workers compensation insurance, directors’ and officers’ insurance, professional liability insurance, and fidelity insurance coverage; and maintain builder’s operations risk and arising from acts associated commercial general liability insurance, and other insurance in connection with completing the Repairs or omissions Replacements, as applicable. Delivery of its employees Policies, Renewals, Notices, and shall indemnify, defend, save harmless the City of Proceeds. Borrower shall: cause all insurance policies which can be endorsed with standard non-contributing mortgagee clauses making loss payable to Lender (or ▇▇▇▇▇ from any penalties for violation ▇▇’s assigns) to be so endorsed; promptly deliver to Lender a copy of any lawall renewal and other notices, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor including non-renewal or any notice of its agents or employees. In lapse of coverage, received by Borrower with respect to the policies and all receipts for paid premiums; deliver evidence, in form and content acceptable to Lender, that each required insurance policy under this connection, Article 9 has been renewed not less than fifteen (15) days prior to the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableapplicable expiration date, and coverage for Federal Employers’ Liability Act, (if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability such evidence is other than an original or duplicate original of a renewal policy, which follows form, ) deliver the original or duplicate original of each renewal policy (or such other evidence of insurance as may be used required by or acceptable to obtain Lender) in form and content acceptable to Lender within ninety (90) days after the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City applicable expiration date of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall the original insurance policy; provide that such insurance shall not be changed or canceled, without ten days prior immediate written notice to the City insurance company and to Lender of any event of loss; execute such further evidence of assignment of any insurance proceeds as Lender may require; provide immediate written notice to Lender of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇’s receipt of any insurance proceeds under any insurance policy required by Section 9.02(a)(1) above and, if requested by ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior , deliver to Lender all of such proceeds received by Borrower to be applied by Lender in accordance with this Article 9; and provide immediate written notice of any cancellation of a required insurance policy, or any notification received from the issuance insurer that a required insurance policy is being cancelled; any modifications to a required insurance policy that reduce or impact the coverage of such required insurance policy; any Work Orderreplacement of the insurer on any required insurance policy; or any lapse in coverage under a required insurance policy. Mortgage Loan Administration Matters Regarding Insurance.
Appears in 2 contracts
Sources: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement
Insurance Requirements. The Contractor assumes all risks incident to (a) Tenant shall not do anything, or in connection with its purpose permit anything to be conducted herein under and done, in or about the Premises that would: (i) invalidate or be in conflict with the provisions of or cause any increase in the applicable rates for any fire or other insurance policies covering the Buildings or any property located therein (unless Tenant pays for such increased costs), or (ii) result in a refusal by fire insurance companies of good standing to insure the Buildings or any such property in amounts reasonably satisfactory to Landlord (which amounts shall indemnifybe comparable to the amounts required by comparable landlords of comparable buildings, defend and save the City of ▇▇▇▇▇ harmless from damage (iii) subject Landlord to any liability or injuries of whatever nature or kind responsibility for injury to persons any person or property arising directly by reason of any business operation being conducted in the Premises or indirectly out by Tenant or any one claiming under Tenant elsewhere on the Property, or (iv) result in the cancellation of or assertion of any defense by the insurer to any claim under any policy of insurance maintained by or for the benefit of Landlord. Tenant, at Tenant’s expense, shall comply with all rules, orders, regulations or requirements of the Contractor’s operations American Insurance Association (formerly the National Board of Fire Underwriters) and arising from acts or omissions with any similar body that shall hereafter perform the function of its employees and shall indemnifysuch Association.
(b) If, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation by reason of any lawact or omission on the part of Tenant which is inconsistent with the use permitted hereunder, ordinance whether or regulation affecting or having application not Landlord has consented to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionsame, the Contractor rate of “all risk” or other type of insurance maintained by Landlord on the Property or the Buildings or other property of Landlord shall carry Insurances in be higher than it otherwise would be, but for such act or omission, Tenant shall reimburse Landlord for that part of the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage premiums for blanket contractual liability for such insurance paid by Landlord because of such act or omission on the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypart of Tenant, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ sum shall be furnished with a certificate Additional Rent and payable within five (5) days of insurancedemand. If, which shall provide that due to the occupancy or abandonment of, or Tenant’s failure to occupy, the Premises as herein provided, any such insurance shall not be changed or canceledcanceled by the insurance carrier, without ten days prior then, in any of such events, Tenant hereby indemnifies Landlord against liability which would have been covered by such insurance. Landlord shall give Tenant notice of any such cancellation promptly after Landlord shall have received written notice to thereof. Tenant shall also pay any increase in premiums on any rent insurance carried by Landlord for its protection against rent loss through fire or casualty if such increase shall result from any of the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderforegoing events.
Appears in 2 contracts
Sources: Lease (Silicon Graphics Inc), Lease Agreement (Google Inc.)
Insurance Requirements. i) The Contractor assumes all risks incident to or shall obtain and retain in connection force for the duration of this contract, the following forms of insurance written by an insurance company licensed and admitted in Idaho. The Contractor shall furnish the Idaho Department of Lands with its purpose to be conducted herein under and shall indemnify, defend and save the City of an ▇▇▇▇▇ harmless from damage Form or injuries Certificate of whatever nature or kind to persons or property arising directly or indirectly out Insurance executed by a duly authorized representative of each insurer, showing compliance with the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesinsurance requirements set forth below. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which All certificates shall provide that such insurance shall not be changed or canceled, without for ten days prior (10) days’ written notice to the City Idaho Department of ▇▇▇▇▇Lands prior to cancellation or material change of any insurance referred to therein. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSUREDAll policies required shall be written such that the insurance of the Contractor is primary, and any insurance carried by the state of Idaho, its departments, agents, officials, and employees shall be excess and not contributory to the insurance provided by the Contractor. All policies shall be endorsed to include the “state of Idaho, its departments, agents, officials, and employees as additional insureds” and shall protect the Contractor and IDL from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under this contract whether such operations be by the Contractor, his employees, subcontractors, agents, or guests. All policies shall contain waiver of subrogation coverage or endorsements. Failure of the Idaho Department of Lands to demand such certificate(s) or other evidence of full compliance with these insurance requirements, or failure of the Idaho Department of Lands to identify a deficiency from evidence that is provided, shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Failure to maintain the required insurance may result in termination of this contract. The Contractor shall provide certified copies of all insurance policies required within ten (10) days if requested by the Idaho Department of Lands.
ii) By requiring insurance herein, the Idaho Department of Lands does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to IDL in this contract.
iii) The Contractor shall require all subcontractors utilized in performance of this contract to provide Certificates of Insurance shall be delivered to the City Idaho Department of ▇▇▇▇▇ prior to Lands evidencing insurance coverage with the issuance of any Work Orderrequired additional insured endorsements as set forth in the preceding paragraphs.
Appears in 2 contracts
Sources: Preseason Contract, Emergency Facilities & Land Use Agreement
Insurance Requirements. The Contractor assumes all risks incident (a) Unless otherwise agreed in writing, the parties’ obligations with respect to the procurement and maintenance of the property, commercial general liability, and other insurance coverage for the Golf Resort throughout the Term (or in connection with its purpose at such other times during the Term as shall be appropriate depending upon the type of insurance required to be conducted herein procured), shall be as set forth in this Article IX.
(b) Except as set forth in Article 9.3, all insurance provided under Article IX shall be effected by policies issued by insurance companies with sound financial strength and maintain a minimum rating of A:VII in Am Best’s Key rating guide or equivalent. If agreed to in writing by City and Troon, such insurance may be carried under Troon’s comprehensive country club insurance program covering the Golf Resort and other locations provided the policies within such program otherwise comply with all of the requirements set forth in this Article IX.
(c) Certificates of insurance and endorsements shall indemnifybe delivered to City or Troon, defend as applicable, on or before the date of this Agreement, and save all insurance policies shall be renewed (or replaced, as appropriate) prior to their respective expiration dates.
(d) All applicable insurance policies described in this Article IX shall be written in the name of Troon or City, with the other included as an additional insured thereon (as its interests may appear), except for worker’s compensation insurance and any other insurance with respect to which it is impractical or inappropriate to name City, or any other parties as a named insured or an additional insured.
(e) All property insurance policies shall be explicitly endorsed to the effect that the proceeds of any building, contents, or business interruption losses shall be made payable to the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of (except for the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation proceeds of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of business interruption insurance, which shall provide be payable to Troon as set forth herein). All such insurance policies shall also be explicitly endorsed to the effect that such insurance policies shall not only be canceled or materially changed or canceled, without ten with at least thirty (30) calendar days prior written notice to City and Troon.
(f) So long as this Agreement remains effective, Troon and the City shall have no rights of ▇▇▇▇▇subrogation and respectively waive (i) any right to enforce any remedy which the other now has or hereafter may have hereunder or otherwise under applicable law, and (ii) any benefit of, and any right to participate in, any security interest(s) the other may now or hereafter hold in relation to such remedies. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Neither City nor Troon shall have any claim against the other with respect to the failure of any insurance carrier to provide the coverage or protection placed with such carrier as contemplated by this Agreement.
(g) Certificates of Insurance insurance and endorsements shall be delivered sent to City and/or Troon, as applicable, at the addresses shown in Article 15.3 below.
(h) City and Troon shall review all coverage limits and deductible amounts set forth in this Article IX from time to time for the purpose of determining the coverage limits and deductible amounts then appropriate for properties similar in type and construction to the City Golf Resort and for the nature of ▇▇▇▇▇ prior to the issuance of any Work Orderbusiness being conducted.
Appears in 2 contracts
Sources: Golf Course Management Agreement, Golf Course Management Agreement
Insurance Requirements. The Contractor assumes all risks incident COVENANTS: At the request of the Administrative Agent, the Loan Parties shall deliver to or in connection with its purpose the Administrative Agent and each of the Lenders (x) on the Closing Date, and upon request thereafter, an original certificate of insurance signed by the Loan Parties' independent insurance broker describing and certifying as to the existence of the insurance on the assets of the Borrowers required to be conducted herein under maintained by this Agreement and shall indemnify, defend the other Loan Documents and save the City of ▇▇▇▇▇ harmless (y) from damage or injuries of whatever nature or kind time to persons or property arising directly or indirectly out time a summary schedule indicating all insurance then in force with respect to each of the Contractor’s operations Loan Parties. Such policies of insurance shall contain special endorsements, in form and arising from acts or omissions of its employees and substance acceptable to the Administrative Agent, which shall indemnifyinclude the provisions set forth below; provided that, defend, save harmless notwithstanding anything to the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In contrary in this connectionAgreement, the Contractor Loan Parties shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend only be required to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used use commercially reasonable efforts to obtain the aforementioned limits Professional Liability special endorsement set forth in subparagraph (if applicablev) $1,000,000 Each Claim $2,000,000 General Aggregate The City below within forty-five (45) days of ▇▇▇▇▇ shall be furnished with a certificate of insurancethe Closing Date, which shall provide that and the failure to obtain such insurance endorsement shall not be changed an Event of Default hereunder. ENDORSEMENT:
(i) specify the Administrative Agent as an additional insured the understanding that any obligation imposed upon the insured (including the liability to pay premiums) shall be the sole obligation of the applicable Loan Parties and not that of the insured,
(ii) with respect to all property insurance policies, provide that the interest of the Lenders shall be insured regardless of any breach or canceledviolation by the applicable Loan Parties of any warranties, without declarations or conditions contained in such policies or any action or inaction of the applicable Loan Parties or others insured under such policies,
(iii) provide a waiver of any right of the insurers to set off or counterclaim or any other deduction, whether by attachment or otherwise,
(iv) provide that no cancellation of such policies for any reason (including non-payment of premium) nor any change therein shall be effective until at least ten (10) days prior after receipt by the Administrative Agent of written notice of such cancellation or change; provided that the insurers shall endeavor to provide the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.Administrative Agent with at least thirty (30) days written notice, and
Appears in 2 contracts
Sources: Revolving Credit Facility (Finish Line Inc /In/), Revolving Credit Facility Credit Agreement (Finish Line Inc /In/)
Insurance Requirements. A. CONSULTANT shall procure at its expense, and keep in effect at all times during the term of this Agreement, the types and amounts of insurance specified below: Commercial General Liability must be for a minimum of $2,000,000.00 each occurrence. Automobile Liability insurance coverage must be for a minimum of $1,000,000.00 CSL. Workers Compensation and Employers’ Liability: $1,000,000.00 Professional Liability – Errors and Omissions coverage of $1,000,000.00 The Contractor assumes all risks incident specified insurance shall also include and insure CCSE and their respective board of directors, officers, employees, and agents, and their successors and assigns as additional insureds, against the areas of risk described in the Agreement with respect to CONSULTANT’s acts or omissions in the performance of this Consulting, in its operations, use, and occupancy of the site(s), or other related functions performed by or on behalf of CONSULTANT in, on, or about the sites(s).
B. Each specified insurance policy (other than Worker’s Compensation and Employers’ Liability) shall contain a Severability of Interest (Cross Liability) clause which states, “It is agreed that the insurance afforded by this policy shall apply separately to each insured against whom a claim is made or suit is brought except with respect to the limits of the company’s liability,” and a Contractual Endorsement which shall state, “Such insurance as is afforded by this policy shall also apply to liability assumed by the insured under Insured’s Agreement with CCSE.”
C. All such insurance shall be primary and noncontributing with any other insurance held by CCSE where liability arises out of or results from the acts or omissions of CONSULTANT, its agents, employees, officers, assigns, or any person or entity acting for or on behalf of CONSULTANT. Such policies may provide for reasonable deductibles and/or retentions acceptable to CCSE based upon the nature of CONSULTANT’s operations and the type of insurance involved.
D. CCSE shall have no liability for any premiums charged for such coverage(s). The inclusion of CCSE as an additional insured is not intended to, and shall not make them, or any of them, a partner or joint venturer with CONSULTANT in CONSULTANT’s operations at sites(s) or in connection the performance of this Consulting. In the event CONSULTANT fails to furnish CCSE with its purpose evidence of insurance and maintain the insurance as required, CCSE upon ten (10) days prior written notice to comply, may (but shall not be required to) procure such insurance at the reasonable cost and expense of CONSULTANT, and CONSULTANT agrees to promptly reimburse CCSE for the cost thereof plus fifteen (15) percent for administrative overhead. Payment shall be made by CONSULTANT to CCSE within fifteen (15) calendar days of invoice date.
E. At least fifteen (15) days prior to the expiration date of the above policies, documentation showing that the insurance coverage has been renewed or extended shall be filed with CCSE. If such coverage is canceled or reduced, CONSULTANT shall, within ten (10) days of such cancellation of coverage, file with CCSE evidence that the required insurance has been reinstated or provided through another insurance company or companies.
F. CONSULTANT shall provide proof of all specified insurance and related requirements to CCSE by production of a certificate of insurance acceptable to CCSE. The certificate of insurance evidencing all specified coverages shall be filed with CCSE prior to CONSULTANT’s performing under this Agreement or occupying the sites(s). The documents shall contain the applicable policy number, the inclusive dates of policy coverages, and the insurance carrier’s name, address and telephone phone number, and shall provide that written notice of the cancellation of the policy shall be provided by mail to CCSE at least thirty (30) days prior to the effective date thereof. CCSE reserves the right to have submitted to it, upon request, all pertinent information about the agent, broker and carrier providing such insurance.
G. CONSULTANT agrees that the insurance policy limits specified herein may be reviewed by CCSE for adequacy throughout the term of this Consulting, and CCSE may, thereafter, on thirty (30) days prior written notice, require CONSULTANT to adjust the amounts of insurance coverage to whatever reasonable amount CCSE deems to be conducted herein under adequate. At all times, CONSULTANT may meet all required insurance limits through a combination of primary and shall indemnifyexcess insurance.
H. Submission of insurance from a non-California admitted carrier is subject to the provisions of California Insurance Code Sections 1760 through 1780, defend and save any other regulations and/or directives from the City State Department of Insurance or other regulatory board or agency. CONSULTANT agrees, except where exempted, to provide CCSE proof of said insurance by and through a surplus line broker licensed by the State of California at the address specified below: California Center for Sustainable Energy Attention: Director of Operations ▇▇▇▇ ▇▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify▇▇▇▇▇▇, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇ ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF , ▇▇ ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.
Appears in 1 contract
Sources: Consulting Agreement
Insurance Requirements. The Without in any way limiting Proposer’s liability pursuant to the “Indemnification” section of the Agreement (see Appendix A), Contractor assumes all risks incident will be required to maintain in force, during the full term of the Agreement, insurance in the following amounts and coverage: • Worker’s Compensation Insurance with Employer’s Liability limits not less than $1,000,000 in statutory amounts, per each accident, injury, or in connection illness. • Commercial General Liability Insurance with its purpose limits not less than $1,000,000 per each occurrence, and $2,000,000 general aggregate for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations. • Commercial Automobile Liability Insurance with limits not less than $1,000,000 per each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned, and Hired auto coverage, as applicable. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to be conducted herein under and shall indemnify, defend and save provide: • Name as Additional Insured the City and County of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind San Francisco, the San Francisco Public Utilities Commission, and their respective officers, agents and employees; and • That such policies are primary insurance to persons or property any other insurance available to the Additional Insureds, with respect to any claims arising directly or indirectly out of the Contractor’s operations Agreement, and arising from acts that insurance applies separately to each insured against whom claim is made or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeessuit is brought. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Regarding Workers’ Compensation, if applicableProposer hereby agrees to waive subrogation, which any insurer of Proposer may acquire from Proposer by virtue of the payment of any loss. Proposer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Proposer, its employees, agents, and coverage for Federal Employerssubcontractors. All policies must provide 30 days’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior advance written notice to the City of ▇▇▇▇▇reduction or nonrenewal of coverages or cancellation of coverages for any reason. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Notices shall be delivered sent to the City of ▇▇▇▇▇ prior address in the “Notices to the issuance Parties” section of the Agreement. Should any Work Orderof the required insurance be provided under a claims-made form, Proposer shall maintain such coverage continuously throughout the term of the Agreement and, without lapse, for a period of three years beyond the expiration of the Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above. Should any required insurance lapse during the term of the Agreement, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by the Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate the Agreement effective on the date of such lapse of insurance. Before commencing any operations under the Agreement, Proposer shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of the Agreement. Approval of the insurance by City shall not relieve or decrease the liability of Contractor hereunder. If a subcontractor will be used to complete any portion of the agreement, the Proposer shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Francisco, the San Francisco Public Utilities Commission, and their respective officers, agents, and employees and the Proposer listed as additional insureds.
Appears in 1 contract
Insurance Requirements. A. CONSULTANT shall procure at its expense, and keep in effect at all times during the term of this Agreement, the types and amounts of insurance specified below: • Commercial General Liability must be for a minimum of $2,000,000.00 each occurrence. • Automobile Liability insurance coverage must be for a minimum of $1,000,000.00 CSL. • Workers Compensation and Employers’ Liability: $1,000,000.00 • Professional Liability – Errors and Omissions coverage of $1,000,000.00 The Contractor assumes all risks incident specified insurance shall also include and insure CCSE and their respective board of directors, officers, employees, and agents, and their successors and assigns as additional insureds, against the areas of risk described in the Agreement with respect to CONSULTANT’s acts or omissions in the performance of this Consulting, in its operations, use, and occupancy of the site(s), or other related functions performed by or on behalf of CONSULTANT in, on, or about the sites(s).
B. Each specified insurance policy (other than Worker’s Compensation and Employers’ Liability) shall contain a Severability of Interest (Cross Liability) clause which states, “It is agreed that the insurance afforded by this policy shall apply separately to each insured against whom a claim is made or suit is brought except with respect to the limits of the company’s liability,” and a Contractual Endorsement which shall state, “Such insurance as is afforded by this policy shall also apply to liability assumed by the insured under Insured’s Agreement with CCSE.”
C. All such insurance shall be primary and noncontributing with any other insurance held by CCSE where liability arises out of or results from the acts or omissions of CONSULTANT, its agents, employees, officers, assigns, or any person or entity acting for or on behalf of CONSULTANT. Such policies may provide for reasonable deductibles and/or retentions acceptable to CCSE based upon the nature of CONSULTANT’s operations and the type of insurance involved.
D. CCSE shall have no liability for any premiums charged for such coverage(s). The inclusion of CCSE as an additional insured is not intended to, and shall not make them, or any of them, a partner or joint venturer with CONSULTANT in CONSULTANT’s operations at sites(s) or in connection the performance of this Consulting. In the event CONSULTANT fails to furnish CCSE with its purpose evidence of insurance and maintain the insurance as required, CCSE upon ten (10) days prior written notice to comply, may (but shall not be required to) procure such insurance at the reasonable cost and expense of CONSULTANT, and CONSULTANT agrees to promptly reimburse CCSE for the cost thereof plus fifteen (15) percent for administrative overhead. Payment shall be made by CONSULTANT to CCSE within fifteen (15) calendar days of invoice date.
E. At least fifteen (15) days prior to the expiration date of the above policies, documentation showing that the insurance coverage has been renewed or extended shall be filed with CCSE. If such coverage is canceled or reduced, CONSULTANT shall, within ten (10) days of such cancellation of coverage, file with CCSE evidence that the required insurance has been reinstated or provided through another insurance company or companies.
F. CONSULTANT shall provide proof of all specified insurance and related requirements to CCSE by production of a certificate of insurance acceptable to CCSE. The certificate of insurance evidencing all specified coverages shall be filed with CCSE prior to CONSULTANT’s performing under this Agreement or occupying the sites(s). The documents shall contain the applicable policy number, the inclusive dates of policy coverages, and the insurance carrier’s name, address and telephone phone number, and shall provide that written notice of the cancellation of the policy shall be provided by mail to CCSE at least thirty (30) days prior to the effective date thereof. CCSE reserves the right to have submitted to it, upon request, all pertinent information about the agent, broker and carrier providing such insurance.
▇. CONSULTANT agrees that the insurance policy limits specified herein may be reviewed by CCSE for adequacy throughout the term of this Consulting, and CCSE may, thereafter, on thirty (30) days prior written notice, require CONSULTANT to adjust the amounts of insurance coverage to whatever reasonable amount CCSE deems to be conducted herein under adequate. At all times, CONSULTANT may meet all required insurance limits through a combination of primary and shall indemnifyexcess insurance.
H. Submission of insurance from a non-California admitted carrier is subject to the provisions of California Insurance Code Sections 1760 through 1780, defend and save any other regulations and/or directives from the City State Department of Insurance or other regulatory board or agency. CONSULTANT agrees, except where exempted, to provide CCSE proof of said insurance by and through a surplus line broker licensed by the State of California at the address specified below: California Center for Sustainable Energy Attention: Director of Operations ▇▇▇▇ ▇▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify▇▇▇▇▇▇, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇ ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF , ▇▇ ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.
Appears in 1 contract
Sources: Consulting Agreement
Insurance Requirements. The Contractor assumes All insurance and all risks incident to renewals thereof shall ---------------------- be issued by companies with a rating of at least "A-" "VIII" or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances better in the following amounts: Commercial Liability $1,000,000 current edition of Best's Insurance Reports and be licensed to do and doing business in the state in which the Project is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ policy shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten days thirty (30) days' prior written notice to the City Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such period of ▇▇▇▇▇thirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance All liability insurance (except employers' liability) shall name Landlord and any other parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period and in any way pertaining to this Lease or Tenant's occupancy of the City Premises, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of ▇▇▇▇▇ prior insurance, acceptable to Landlord, to Landlord at least ten (10) days before the issuance Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any Work Ordersuch insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as additional rent, all premiums paid by Landlord.
Appears in 1 contract
Sources: Office Lease (Homestore Com Inc)
Insurance Requirements. The Contractor assumes all risks incident to Recipient shall procure and maintain for the term 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 with, the performance of work hereunder by the Recipient, its purpose to be conducted herein under and agents, representatives, employees, and/or subcontractors. Recipient shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out provide evidence of the Contractor’s operations insurance required under this Contract, including a Certificate of Insurance and arising from acts or omissions Endorsements covering King County as additional insured for full coverage and policy limits upon request by King County. The costs of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall be paid by the Recipient. The Recipient shall maintain the following types of insurance and minimum insurance limits and requirements: • Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01 current edition. Such insurance shall include coverage for, but not limited to, ongoing operations, products and completed operations, and contractual liability. Such limits may be changed satisfied by a single primary limit or canceledby a combination of separate primary and umbrella or excess liability policies, without ten days prior written notice provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status to the City County. • Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of ▇▇▇▇▇the State of Washington, as well as any similar coverage required for this Work and Services by applicable federal or “Other States” State law. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance • Employers Liability or “Stop Gap” coverage: $1,000,000 each occurrence and shall be delivered at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the City of ▇▇▇▇▇ prior General Liability policy Part 2 (Employers Liability), or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the issuance General Liability policy. • Professional Liability coverage of any Work Orderat least $1,000,000 shall be provided. Also, the selected agencies shall provide Automobile Liability coverage in the amount of $1,000,000. • Cyber Liability/Technology E&O: $1,000,000 Per Claim or Occurrence/Aggregate. • Fidelity and Crime Coverage: Fidelity, Theft, Disappearance, & Destruction Liability/Employee Dishonesty: $500,000 limit. Coverage shall include ‘Joint Loss Payable’ ISO form CR 20 15 10/10 or equivalent; and ‘Provide Required Notice of Cancellation to Another Entity’ ISO form CR 20 17 10/10.
Appears in 1 contract
Sources: Grant Agreement
Insurance Requirements. The Contractor assumes selected Bidder agrees to procure and maintain, at its own cost, policy(s) of insurance sufficient to insure against all risks incident liability, claims, demands, and other obligations assumed by the Bidder pursuant to this Section. Such insurance shall be in addition to any other insurance requirements imposed by this Contract or in connection with its purpose by law. The Bidder shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions this Section by reason of its employees failure to procure or maintain insurance in sufficient amounts, durations, or types. Bidder shall procure and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationmaintain and, if applicable, shall cause any Sub-Bidder of the Bidder to procure and maintain insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the Owner. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Bidder pursuant to this Section. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Minimum coverage limits shall be as indicated below unless specified otherwise in the Special Conditions:
(a) Worker Compensation insurance is required by State law and is the responsibility of the Concessionaire to comply. Exemption from Worker Compensation may only be granted directly from the State of Colorado. ONE MILLION DOLLARS ($1,000,000) each accident, ONE MILLION DOLLARS ($1,000,000) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000) disease - each employee
(b) General Liability insurance with minimum combined single limits of: ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) per job aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for Federal Employers’ bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision.
(c) Comprehensive Automobile Liability Actinsurance with minimum combined single limits for bodily injury and property damage of not less than: ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate This policy shall provide coverage to protect the contractor against liability incurred as a result of the professional services performed as a result of responding to this Solicitation. With respect to each of Bidder's owned, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyhired, which follows form, may or non-owned vehicles assigned to be used to obtain in performance of the aforementioned limits Professional Liability Work. The policy shall contain a severability of interests provision. The policies required by paragraphs (if applicablea), (b), and (c) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ above shall be furnished with a certificate of endorsed to include the County, and the County’s officers and employees as additional insureds. Every policy required above shall be primary insurance, which shall provide that such and any insurance shall not be changed carried by the Owner, its officers, or canceledits employees, without ten days prior written notice to or carried by or provided through any insurance pool of the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Owner, shall be delivered excess and not contributory insurance to the City of ▇▇▇▇▇ prior that provided by Bidder. No additional insured endorsement to the issuance of any Work Orderrequired policy shall contain any exclusion for bodily injury or property damage arising from completed operations. The Bidder shall be solely responsible for any deductible losses under any policy required above.
Appears in 1 contract
Sources: Contract
Insurance Requirements. The Contractor assumes All insurance and all risks incident to renewals thereof shall be issued by companies with a rating of at least "A-" "VIII" or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances better in the following amounts: Commercial Liability $1,000,000 current edition of Best's Insurance Reports and be licensed to do and doing business in the state in which the Property is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ policy shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten thirty (30) days prior written notice to the City Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such period of ▇▇▇▇▇thirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance All liability insurance (except employers liability) shall name Landlord and any oilier parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the City policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of ▇▇▇▇▇ prior insurance, acceptable to Landlord, to Landlord at least ten (10) days before the issuance Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any Work Ordersuch insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as additional rent, all premiums paid by Landlord.
Appears in 1 contract
Sources: Sublease (Build a Bear Workshop Inc)
Insurance Requirements. The Contractor assumes At all risks incident to times during the Initial Term of this Contract and throughout any renewal terms, ETMC EMS shall obtain insurance as listed below and pay all premiums thereon for ETMC EMS's owned and operated ambulances. For liability arising solely from the actions or in connection inactions of ETMC EMS or ETMC EMS's personnel, all such policies shall name the Coalition, its individual members and the Medical Director as "additional insured". ETMC EMS shall furnish the Coalition with its purpose to be conducted herein under and shall indemnify, defend and save the City of an ▇▇▇▇▇ harmless from damage or injuries Certificate of whatever nature or kind Insurance and all required endorsement(s) indicating that the types and amounts of insurance required hereunder are in full force and effect and that the insurance carrier will endeavor to persons or property arising directly or indirectly out of give the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation Coalition thirty (30) days' written advance notice of any lawcancellation, ordinance change, termination, failure to renew or regulation affecting renewal, or having application any change in coverage of any such policy or policies reflected on said certificate. Nothing in this Article V shall be deemed to said operation prohibit the use of a program of insurance being "self-insurance" as that term is normally used as being a formally organized system of covering risks or resulting from to be a limitation upon the carelessness, negligence or improper conduct of Contractor or insured as to the deduction it may cause to be provided in connection with any of its agents or employeesrespective insurance policies. In ETMC EMS shall provide the Coalition with evidence that any/all subcontractors performing services under this connection, Agreement have the Contractor same types and amounts of coverage as required herein. ETMC EMS's insurance coverage shall carry Insurances in meet the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage minimum requirements:
a. WORKER'S COMPENSATION. Worker's Compensation Insurance as permitted by the laws of the State of Texas. The Worker’s Compensation Insurance shall provide for blanket contractual liability a waiver of subrogation against the Coalition and its members for injuries, including death, property damage or any other loss to the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for extent the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain same is covered by the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate proceeds of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order.
Appears in 1 contract
Insurance Requirements. The Subrecipient/Contractor, at its sole cost and expense, shall maintain all insurance coverage and applicable endorsements in full force and effect at all times for the duration of this Agreement. The Subrecipient/Contractor assumes shall provide to the FAWIC insurance certificates and applicable endorsements, including renewals, for the duration of this Agreement. This Agreement shall not be effective or commence until such time that satisfactory proof of all risks incident to or in connection insurance coverage required hereby is received. ☒ Comprehensive/Commercial General Liability insurance, including contractual, products and completed operations coverage and bodily injury and property damage liability insurance, with its purpose to be conducted herein under combined single limits of not less than One Million Dollars ($1,000,000) naming the Fresno Area Workforce Investment Corporation (FAWIC), Fresno Regional Workforce Investment Board (FRWIB), the County of Fresno and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries Fresno named as additionally insured. ☒ Comprehensive Automobile Liability insurance endorsed for "any auto" with combined single limits of whatever nature or kind to persons or property arising directly or indirectly out not less than One Million Dollars ($1,000,000) naming the FAWIC, FRWIB, the County of the Contractor’s operations Fresno and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation Fresno as additionally insured. ☒ Directors and Officers (Errors and Omissions) insurance with a limit of any lawliability of not less than One Million Dollars ($1,000,000) naming the FAWIC, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionFRWIB, the County of Fresno and the City of Fresno as additionally insured, provided that FAWIC or FRWIB funds shall not be used to acquire insurance policies offering protection against debts established by the federal government. ☐ Fidelity Bond in an amount not less than ten percent (10%) of the total of all amounts payable to the Subrecipient/Contractor pursuant to this Agreement but in no event less than Five Thousand Dollars ($5,000), naming the FAWIC, FRWIB, the County of Fresno and the City of Fresno as co- obligees, provided, however, that if that total amount payable pursuant to this Agreement is less than Five Thousand Dollars ($5,000), the amount of the bond shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend be equal to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract that total amount. ☒ Workers’ Compensation Statutory Limits where Services are insurance in accordance with the California Labor Code covering all employees hired or employed under the Agreement for which the Subrecipient/Contractor is the employer of record such as in work experience programs and limited internships. ☐ Property Insurance covering direct physical loss or damage to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished FRWIB property with a certificate limit of insuranceliability of not less than the full replacement value of FRWIB property that the Subrecipient/Contractor possesses or maintains during the term of this Agreement, which shall provide that such insurance shall naming the FRWIB as Loss Payee. ☐ Abuse and Molestation Insurance (for youth providers only) with a limit of liability of not be changed or canceledless than One Million Dollars ($1,000,000) naming the FAWIC, without ten days prior written notice to FRWIB, the County of Fresno and the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work OrderFresno as additionally insured.
Appears in 1 contract
Sources: Subrecipient Agreement
Insurance Requirements. The Contractor assumes following provisions shall apply to all risks incident to insurance coverages required hereunder:
(a) The carriers of all policies shall have a Best's Rating of "A" or in connection with its purpose to be conducted herein under better and a Best's Financial Category of XII or larger and shall indemnifybe authorized to do insurance business in the jurisdiction in which the Leased Property is located.
(b) Tenant shall be the "named insured" and Landlord and any mortgagee of Landlord shall be an "additional named insured" on each policy, defend except the insurance required by Section 4.01(f) hereto.
(c) Tenant shall deliver to Landlord certificates or policies showing the required coverages and save endorsements. Each policy or certificate of insurance shall provide that such policy or certificate (i) may not be canceled, (ii) may not lapse for failure to renew, and (iii) no material change or reduction in coverage may be made, without Landlord's approval after at least thirty (30) days' prior written notice to Landlord.
(d) The policies shall contain a severability of interest and/or cross-liability endorsement, provide that the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableTenant will not invalidate Landlord's coverage, and coverage provide that Landlord shall not be responsible for Federal Employers’ Liability Actpayment of premiums.
(e) All loss adjustment shall require the written consent of Landlord and Tenant, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability as their interests may appear.
(f) At least (30) thirty days prior to the expiration of each policy, which follows formTenant shall deliver to Landlord a certificate showing renewal of such policy and payment of the annual premium therefor. Tenant shall have the right to select any insurance company or companies meeting the standards set forth in this Section IV to provide the insurance coverage required by this Lease. Landlord shall have the right to review the insurance coverages required hereunder with Tenant from time to time, may be used to obtain the aforementioned limits Professional Liability input of third party professional insurance advisors (if applicableat Landlord's expense) $1,000,000 Each Claim $2,000,000 General Aggregate The City with respect to such insurance coverages, and to consult with Tenant in Tenant's annual review and renewal of ▇▇▇▇▇ such insurance coverages. All insurance coverages hereunder shall be furnished in such form, substance and amounts as are customary or standard, in Tenant's industry, but at a minimum shall comply with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderrequirements set forth herein.
Appears in 1 contract
Insurance Requirements. Insurance Requirements: The selected Contractor agrees to procure and maintain, at its own cost, insurance sufficient to protect against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to this Section. Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The Contractor assumes all risks incident shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions this Section by reason of its employees and shall indemnifyfailure to procure or maintain insurance in sufficient amounts, defenddurations, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeestypes. In this connection, the The Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles procure and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationmaintain and, if applicable, shall cause any Subcontractor of the Contractor to procure and maintain insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the Owner. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Minimum coverage limits shall be as indicated below unless specified otherwise:
(a) Worker Compensation: Contractor shall comply with all State of Colorado Regulations concerning Workers’ Compensation insurance coverage.
(b) General Liability insurance with minimum limits of: ONE MILLION ONE HUNRED NINETY-FIVE THOUSAND DOLLARS ($1,195,000) each occurrence and ONE MILLION ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS ($1,195,000) per job aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for Federal Employers’ bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision.
(c) Comprehensive Automobile Liability Actinsurance with minimum limits for bodily injury and property damage of not less than: ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate With respect to each of Contractors owned, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyhired, which follows form, may or non-owned vehicles assigned to be used to obtain in performance of the aforementioned limits Professional Liability Work. The policy shall contain a severability of interests provision. The policies required by paragraph (if applicableb) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ above shall be furnished with a certificate of endorsed to include the Owner, and the Owner’s officers and employees as additional insureds. Every policy required above shall be primary insurance, which shall provide that such and any insurance shall not be changed carried by the Owner, its officers, or canceledits employees, without ten days prior written notice to or carried by or provided through any insurance pool of the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Owner, shall be delivered excess and not contributory insurance to the City of ▇▇▇▇▇ prior that provided by Bidder. No additional insured endorsement to the issuance of any Work Orderrequired policy shall contain any exclusion for bodily injury or property damage arising from completed operations. The Bidder shall be solely responsible for any deductible losses under any policy required above.
Appears in 1 contract
Sources: Contract
Insurance Requirements. The Contractor assumes Mortgagor shall keep the Mortgaged Property insured for the benefit of the Mortgagee against loss or damage by fire and available extended coverage risks, as may be reasonably required by the Mortgagee from time to time, and provided coverage of not less than the coverage encompassed by Fire, Extended Coverage, and Vandalism and Malicious Mischief perils broadened to include the so-called "All Risk of Physical Loss", all risks incident in a format approved by the Mortgagee and in sufficient amounts to or in connection with its purpose to be conducted herein under prevent the application of any insurance policy co-insurance contribution on any loss and shall indemnify, defend and save in no event be less than the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out full face amount of the Contractor’s operations and arising from acts or omissions of its employees and Note. Policies shall indemnifybe written on a Builder's Risk, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedCompleted Value, non-owned, leased, hired or borrowed vehicles and must reporting form which shall include coverage therein for blanket contractual liability "completion and/or Mortgaged Property occupancy" only if improvements being made to the Mortgaged Property are so substantial as to require such coverage in addition to Mortgagor’s extended coverage policy. All insurance herein provided for shall be obtained by the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are Mortgagor (notwithstanding the procurement of other insurance policies by other persons or parties and relating to be performed Must include coverage for Longshoremen’s the Mortgaged Property) and Harbor Workers’ Compensation, if applicablecarried in companies approved by the Mortgagee, and coverage for Federal Employers’ Liability Actall policies, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyincluding additional and renewal policies, which follows form, may be used to obtain marked “premiums paid” and containing an agreement by the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide insurer that such insurance the policy shall not be canceled or materially changed or canceled, without ten days at least thirty (30) days' prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Mortgagee (ten (10) days for cancellation due to failure to pay premiums), the policy, or any duplicate original policy, shall be delivered to the City Mortgagee, and all renewal policies, including additional and renewals, modifications and extensions thereof, shall be deposited with the Mortgagee throughout the life of ▇▇▇▇▇ the loan and shall be payable, in case of loss or damage, to the Mortgagee as the first mortgagee, and shall contain the standard non-contributing mortgagee clause entitling the Mortgagee to collect all proceeds payable under all such insurance, as well as standard waiver of subrogation endorsement, and waiver of other endorsements, as the Mortgagee may require, all to be in form acceptable to the Mortgagee. In the event of any loss, the Mortgagor will give immediate notice to the Mortgagee. The Mortgagor hereby authorizes the Mortgagee, at its option, to collect, adjust and compromise any losses under any of the insurance policies, to endorse the Mortgagor's name on any document or instrument in payment of any insured loss and, after deducting the costs of collection, to apply the proceeds, at the Mortgagee's sole option, as follows: (i) as a credit upon the indebtedness secured hereby, whether or not the same shall be then due and payable, in which event, the lien of this Mortgage shall be affected only by a reduction thereof in any amount equal to the amount so applied as a credit, or (ii) to repairing or restoring the Mortgaged Property or any part thereof, in which event, the Mortgagee shall not be obligated to see to the proper application thereof, nor shall the amount so released or used be deemed a payment on any indebtedness secured hereby. The Mortgagor shall obtain, carry and maintain Comprehensive General Liability Insurance covering the Mortgaged Property in an amount of no less than One Million Dollars ($1,000,000) bodily injury and/or property damage, per occurrence, and Demolition Insurance in the event that all buildings on the Mortgaged Property cannot always be automatically rebuilt to the same specifications, and in the same location in the case of all types of destruction, regardless of magnitude. Insurance shall be with companies approved by the Mortgagee. Mortgagor shall provide Mortgagee with a Certificate of Insurance containing a provision designating the Mortgagee as an additional insured party and providing for not less than thirty (30) days written notice (ten (10) days for cancellation due to failure to pay premiums) to the Mortgagee prior to any material change or cancellation of Liability Insurance. Notwithstanding the issuance foregoing and provided no Event of Default is then existing, and further provided that Mortgagee is satisfied (in its commercially reasonable judgment) that there is no legal impediment to the building and improvements being rebuilt or repaired and that there are sufficient insurance proceeds or other funds available from Mortgagor for reconstruction, Mortgagee shall receive all insurance proceeds to be held to pay for the cost of the improvements on the Mortgaged Property in installments as the work progresses, the time and amount of each advance and upon such other terms relating to such reconstruction as are satisfactory to the Mortgagee in its reasonable discretion. If the Real Property is located in an area designated by the Federal Emergency Management Agency or the Flood Disaster Protection Act of 1973 (P.L. 93-234) as being in a "special flood hazard area" or as having specific flood hazards, whether now or at any time hereafter, Mortgagor shall also furnish Mortgagee with flood insurance policies which conform to the requirements of said Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968, as either may be amended from time to time. The amounts of any Work Ordersuch insurance coverages shall be in an amount equal to the full insurable value and shall be maintained thereafter at all times in an amount such that Mortgagor will not be deemed a co-insurer under applicable insurance laws, regulations, policies or practices. Renewals of such policies shall be so delivered before any such insurance shall expire in accordance with the Loan Documents. If Mortgagor shall fail to provide any such insurance, or shall fail to replace any of the same within ten (10) days after being notified that the insuring company is no longer approved by Mortgagee, or if any such insurance is cancelled or lapses without replacement, Mortgagee may, at its option, procure the same in such amounts as Mortgagee may reasonably determine and the cost thereof together with interest thereon at the lesser of the Default Rate or the maximum interest rate allowed under Florida law, provided for in the Note per annum from the date of expenditure by Mortgagee to the date of repayment by Mortgagor to Mortgagee shall be repaid by Mortgagor to Mortgagee on demand and shall be part of the Debt secured hereby.
Appears in 1 contract
Sources: Mortgage, Security Agreement and Fixture Filing (Griffin Industrial Realty, Inc.)
Insurance Requirements. The Contractor assumes all risks incident to Without limiting any of the other obligations or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out liabilities of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances secure and maintain at its own cost and expense, throughout the duration of this Contract and until the work is completed and accepted by the City of Joplin, insurance of such types and in such amounts as may be necessary to protect it and the following amounts: Commercial interests of the
a. Workers' Compensation….Statutory coverage per RSMo 287.010 et seq Employer's Liability $1,000,000 Each 1,000,000.00
b. Commercial General Liability Insurance, including coverage for Premises, Operations, Products and Completed Operations, Contractual Liability, Broad Form Property Damage, Independent Contractors, Explosion, Collapse, and Underground Property Damage and endorsed for blasting if blasting required. Such coverage shall apply to bodily injury and property damage on an “Occurrence Form Basis” with limits of at least Two Million Nine Hundred and Five Thousand Six Hundred and Sixty Four and no/100 Dollars ($2,905,664.00) for all claims arising out of a single accident or occurrence and at least Four Hundred Thirty Five Thousand Eight Hundred and Forty Nine and no/100 Dollars ($435,849.00) with respect to injuries and/or death of any one person in a single occurrence and an amount not less than at least $1,000,000 General Aggregate Must include for all claims to property arising out of a single occurrence and at least $100,000 to any one owner with respect to damages to property. Contractor agrees that the proceeds of such insurance policy shall first be used to pay any award, damages, costs, and/or attorneys’ fees incurred by or assessed against City, its employees, officers and agents, before payment of any award, damages, costs or attorneys’ fees of Contractor, its employees, officers or agents. Contractor agrees to cause its insurer to name City as an additional insured on such insurance policy, including the City as an additional insured for coverage for blanket contractual liability for the obligations assumed under contract Comprehensive its products-completed operations hazard, and said policy shall be primary and noncontributory.
c. Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all Insurance covering bodily injury and property damage for owned, non-ownedowned and hired vehicles, leasedwith limits of at least Two Million Nine Hundred and Five Thousand Six Hundred and Sixty Four and no/100 Dollars ($2,905,664.00) for all claims arising out of a single accident or occurrence and at least Four Hundred Thirty Five Thousand Eight Hundred and Forty Nine and no/100 Dollars ($435,849.00) with respect to injuries and/or death of any one person in a single accident or occurrence.
d. Owner's and Contractor's Protective Liability Insurance to protect the City, hired its agents, servants and employees from claims which may arise from the performance of this Contract, with limits of at least Two Million Nine Hundred and Five Thousand Six Hundred and Sixty Four and no/100 Dollars ($2,905,664.00) for all claims arising out of a single accident or borrowed vehicles occurrence and must include coverage for blanket contractual liability for at least Four Hundred Thirty Five Thousand Eight Hundred and Forty Nine and no/100 Dollars ($435,849.00) with respect to injuries and/or death of any one person in a single accident or occurrence.
(1) Be a separate policy with the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate named insured being: The City of ▇▇▇▇▇ Joplin, and
(2) Contain an endorsement that disclaims coverage for any claim barred by the doctrines of sovereign immunity or official immunity, except attorney's fees and other litigation costs incurred in defending a claim. Nothing contained in this policy (or this endorsement thereto) shall be furnished with a certificate constitute any waiver of insurancewhatever kind of these defenses or sovereign immunity or official immunity for any monetary amount whatsoever.
e. Builders Risk Insurance for contracts involving unoccupied structures. The Contractor shall secure All Risk Builder’s Risk Insurance. Unless specifically authorized by the City, which shall provide that the amount of such insurance shall not be changed or canceled, without ten days prior written notice to less than the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Ordertotal contract price.
Appears in 1 contract
Sources: Construction Contract
Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and Borrower shall indemnify, defend and save maintain the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out following insurance coverage throughout the Term of the ContractorLoan:
(a) Worker’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless Compensation insurance to the City of ▇▇▇▇▇ from any penalties for violation of any extent required by law, ordinance including Employer’s Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident.
(b) Commercial General Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit and Five Million Dollars ($5,000,000) in the aggregate, annually, for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. Such insurance coverage shall:
(i) Include the City, its council members, officials, commissioners, officers and employees as insured. The coverage shall contain no special limitations on the scope of protection afforded to the above-listed insured.
(ii) Be primary with respect to any insurance or regulation affecting or having application self-insurance programs covering the City, its council members, officials, commissioners, officers and employees.
(iii) Provide that any failure to said operation or resulting from comply with reporting provisions of the carelessnesspolicies shall not affect coverage provided to the City, negligence or improper conduct of Contractor or any of its agents council members, officials, commissioners, officers or employees.
(iv) Include all of Borrower’s subcontractors as insured under its policies or furnish separate certificates and endorsements for each subcontractor. In this connection, All coverages for subcontractors shall be subject to all of the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract requirements stated herein.
(c) Comprehensive Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all 1,000,000) each occurrence combined single limit and Three Million Dollars ($3,000,000) in the aggregate, annually, for Bodily Injury and Property Damage, including coverages for owned, non-ownedowned and hired vehicles, leasedas applicable; provided, hired however, that if the Borrower does not own or borrowed lease vehicles for purposes of this Agreement, then no automobile insurance shall be required.
(d) Property insurance covering the Development, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for 100% of the replacement value, with deductible, if any, acceptable to the City, naming the City as a Loss Payee, as its interests may appear. Flood insurance shall be obtained if required by applicable federal regulations.
(e) Blanket Fidelity Bond covering all officers and must include coverage employees, for blanket contractual loss of Loan proceeds caused by dishonesty, in an amount not less than One Million Dollars ($1,000,000) naming the City as Loss Payee, as its interests may appear. The Borrower shall cause any general contractor or agent working on the Development under direct contract with the Borrower to maintain insurance of the types and in at least the minimum amounts described in subsections (a), (b), and (c) above, except that the limit of liability for comprehensive general liability insurance for subcontractors shall be One Million Dollars ($1,000,000), and shall require that such insurance shall meet all of the obligations assumed general requirements of subsections (f), (g), (h) and (i) below, including, without limitation, the requirement of subsection (g). Subcontractors working on the Development under indirect contract Workers’ Compensation Statutory Limits where Services are with the Borrower shall be required to maintain the insurance described in subsections (a), (b), and (c) above. Liability and Comprehensive Automobile Liability insurance to be performed Must include coverage for Longshoremen’s maintained by such contractors and Harbor Workers’ Compensationagents pursuant to this subsection shall name as additional insureds the City, if applicableits council members, officials, commissioners, officers, and coverage for Federal Employers’ Liability Actemployees.
(f) In addition to the above insurance requirements, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policythe Borrower shall:
(i) Prior to commencement to work on the Development, which follows form, may be used to obtain furnish the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City with properly executed certificates of ▇▇▇▇▇ shall be furnished with a certificate of insurance, insurance which shall clearly evidence all insurance required in sections (a) through (e), and provide that such insurance shall not be changed cancelled, allowed to expire or canceled, without ten be materially reduced in coverage except on 30 days prior written notice to the City City.
(ii) Provide certified copies of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered endorsements and policies to the City in addition to certificates of ▇▇▇▇▇ insurance.
(iii) Replace certificates, policies and endorsements for any such insurance expiring prior to completion of work on the issuance Development.
(iv) Place such insurance with insurers licensed to do business in California and having A.M. Best Company ratings of any Work Orderno less than A:VII.
(g) The required insurance shall be provided under an occurrence form, and Borrower shall maintain such coverage continuously so long as the Note is outstanding.
(h) Commercial General Liability, Comprehensive Automobile Liability and Property insurance policies shall be endorsed to name as an additional insured the City, its council members, officials, commissioners, officers, and employees.
(i) All policies and bonds shall be endorsed to provide thirty (30) days prior written notice of cancellation, reduction in coverage, or intent not to renew to the address established for notices to the City.
Appears in 1 contract
Sources: City Loan Agreement
Insurance Requirements. The Contractor assumes all risks incident Without limiting Consultant’s duties of defense and indemnification:
A. Consultant and any subcontractor shall carry Commercial General Liability Insurance, and other coverage necessary to protect County and the public, with limits of $2 million per occurrence or claim. Such coverage shall:
1. Be equivalent to the current Insurance Services Office (ISO) form CG 00 01, assuring coverage for products and completed operations, property damage, bodily injury, and personal and advertising injury.
2. Include an endorsement, or an amendment to the policy of insurance, naming Shasta County, its elected officials, officers, employees, agents, and volunteers as additional insureds; the additional insureds coverage shall be equal to the current ISO forms CG 20 10 for on-going operations, and CG 20 37 for completed operations.
3. Apply separately to this project and location(s); in connection the event of a general aggregate limit, the general aggregate limit shall be twice the required per occurrence limit.
4. Contain, or be endorsed to contain, a “separation of insureds” clause which shall read: “Separation of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each suit insured against whom a claim is made or suit is brought.”
B. Consultant and any subcontractor shall carry Automobile Liability Insurance covering any auto, unless Consultant has no owned autos then covering at minimum hired and non-owned autos, with limits of $1 million per occurrence or claim. Such coverage shall:
1. Include, or be endorsed to contain, Additional Insured coverage in favor of Shasta County, its purpose elected officials, officers, employees, agents, and volunteers.
C. Consultant and any subcontractor shall carry statutorily required Workers' Compensation Insurance, and Employer's Liability Insurance with limits of $1 million per occurrence or claim, to be conducted herein under cover Consultant, subcontractor, Consultant's partner(s), subcontractor's partner(s), Consultant's employees, and shall indemnifysubcontractor’(s’) employees, defend and save covering the City of ▇▇▇▇▇ harmless from damage full liability for compensation for injury to those employed by Consultant or injuries of whatever nature or kind to persons or property arising directly or indirectly out subcontractor. Consultant hereby certifies that Consultant is aware of the Contractor’s operations provisions of section 3700 of the Labor Code, which requires every employer to insure against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and arising from acts Consultant shall comply with such provisions before commencing the performance of the work or omissions the provision of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application services pursuant to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor agreement.
D. Consultant shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableErrors and Omissions) Insurance, applicable to the Consultant’s profession and the services/work being performed, with limits of not less than $1,000,000 Each Claim 2 million per occurrence or claim, $2,000,000 General Aggregate The City 2 million aggregate.
E. Consultant shall carry Pollution Liability Insurance applicable to the Consultant’s profession and the services/work being performed, with limits of ▇▇▇▇▇ not less than $2 million per occurrence or claim, $2 million aggregate.
F. With regard to all insurance coverage required by this agreement:
(1) Any deductible or self-insured retention exceeding $25,000 for Consultant or subcontractor shall be furnished disclosed to and be subject to approval by the Shasta County Risk Manager prior to the effective date of this agreement; policy shall provide, or be endorsed to provide, that any self-insured retention or deductible may be satisfied by either the named insured or County, and must also provide that defense costs satisfy the self-insured retention or deductible. Any and all deductibles and self-insured retentions shall be the sole responsibility of Consultant or subcontractor who procured such coverage, and shall not apply to the Indemnified Additional Insured Parties. County may deduct from any amounts otherwise due Consultant to fund the self-insured retention or deductible.
(2) If any insurance coverage required hereunder is provided on a “claims made” rather than “occurrence” form, Consultant or subcontractor shall maintain such coverage with an effective date earlier or equal to the effective date of this agreement and continue coverage for a certificate period of three years after the expiration of this agreement and any extensions thereof. In lieu of maintaining post-agreement expiration coverage as specified above, Consultant or subcontractor may satisfy this provision by purchasing tail coverage for the claims-made policy. Such tail coverage shall, at a minimum, provide coverage for claims received and reported three years after the expiration date of this agreement.
(3) In the event coverage is reduced or canceled, or otherwise materially changed, a notice of said reduction or cancellation or change shall be provided to County within 24 hours.
(4) Consultant hereby grants to Shasta County, its elected officials, officers, employees, agents, and volunteers, a waiver of any right to subrogation or recovery which any insurer of said Consultant may acquire against County by virtue of the payment of any loss under such coverage, and agrees to obtain any endorsement that may be necessary to affect this waiver; this provision applies regardless of whether or not County has received such a waiver or endorsement.
(5) Any available insurance proceeds in excess of the specified minimum limits and insurance coverage pursuant to the terms of this agreement shall be applicable to County.
(6) Before the effective date of this agreement, Consultant shall provide County with certificates of insurance, which and all amendatory endorsements or policy amendments, as evidence of meeting insurance coverage required of this agreement; for purposes of verification of Consultant meeting insurance requirements of this agreement, County reserves the right to require any policies, declarations, endorsements, and other documentation.
(7) Coverage required herein shall be in effect at all times during the term of this agreement, and may be provided by programs of self-insurance when supported by adequate evidence meeting appropriate self-insurance and regulatory compliance. Insurance is to be placed with insurers authorized to transact business in California, with a current A.M. Best’s rating of not less than A:VII, unless otherwise authorized by County.
(8) In the event any insurance coverage expires at any time during the term of this agreement, Consultant shall provide that County, at least 20 days prior to said expiration date, a new endorsement or policy amendment evidencing insurance coverage as provided for herein for not less than the remainder of the term of this agreement or for a period of not less than one year. In the event Consultant fails to keep in effect at all times insurance coverage as herein provided and a renewal endorsement or policy amendment is not provided within 10 days of the expiration of the endorsement or policy amendment in effect at inception of this agreement, County may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such insurance event.
(9) For any claims related to this agreement, Consultant’s coverage shall be primary and non-contributory. Any coverage maintained by Shasta County, its elected officials, officers, employees, agents, and volunteers, shall be excess of the Consultant’s coverage and shall not be changed contribute with it.
(10) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Shasta County, its elected officials, officers, employees, agents, or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Ordervolunteers.
Appears in 1 contract
Sources: Personal Services Agreement
Insurance Requirements. Throughout the life of this Agreement, Concessionaire shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City's Risk Manager or designee at any time and in its sole discretion. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries Fresno and each of whatever nature or kind its officers, officials, employees, agents and volunteers (hereinafter referred to persons or property arising directly or indirectly out collectively as “City”) requires policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to City, shall be the greater of the Contractor’s operations and arising from acts minimum limits specified therein or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation full limit of any lawinsurance proceeds to the named insured. If at any time during the life of the Agreement or any extension, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor Concessionaire or any of its agents subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or employeesthat become due to Concessionaire shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. In Any failure to maintain the required insurance shall be sufficient cause for City to terminate this connectionAgreement. No action taken by City pursuant to this section shall in any way relieve Concessionaire of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the Contractor insurer is insolvent. The fact that insurance is obtained by Concessionaire shall carry Insurances not be deemed to release or diminish the liability of Concessionaire, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Concessionaire. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Concessionaire, vendors, suppliers, invitees, contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, hired, and non-ownedowned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, leasedthe City, hired or borrowed vehicles its officers, officials, employees, agents and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services volunteers are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderlisted as additional insureds.
Appears in 1 contract
Sources: Concession Agreement
Insurance Requirements. The Contractor assumes all risks incident LICENSEE, at its sole cost and expense, shall maintain, in a form satisfactory to or the Office of Risk Management, the insurance described more fully in connection with items (A) through (C) below. However, the Office of Risk Management may supplement the following requirements whenever the University, in its purpose sole discretion, deems additional coverage to be conducted herein appropriate. In that event, such additional requirements will be set forth on Exhibit B, entitled "Additional Insurance Requirements”.
(A) insurance against loss or damage to all of LICENSEE's fixtures, equipment, machinery, and any other personal property now or thereafter located on the Premises by fire and such other casualties as may be included in the forms of all-risk insurance from time to time most commonly available, in an amount equal to the full insurable replacement value of such property;
(B) insurance on an occurrence basis against claims for personal injury (including death) and property damage and with broad form contractual liability coverage, under a policy or policies of comprehensive general liability insurance or commercial general liability insurance, with not less than $5,000,000 per occurrence; and
(C) Worker's Compensation insurance insuring against and shall indemnify, defend satisfying LICENSEE's obligations and save liabilities under the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out worker's compensation laws of the Contractor’s operations State of Delaware. Such policies of insurance shall name UNIVERSITY (and arising such other parties as UNIVERSITY may from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application time to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeestime specify) as additional insured. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which such policy shall provide that such insurance it shall not be changed or canceled, cancelable without ten days at least thirty (30) days' prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance UNIVERSITY and each policy shall be delivered issued by an insurer licensed to do business in the City State of ▇▇▇▇▇ Delaware and rated at least A by Best Insurance Reports and satisfactory to UNIVERSITY. At least ten (10) days prior to the issuance "move-in-date" (or the Event in the case where there is no "move-in-date" prior to the Event), LICENSEE shall deliver to UNIVERSITY a certificate of the insurance carrier certifying that the policy has been issued and is in effect and the duration thereof. LICENSEE hereby releases the UNIVERSITY and its officers, directors, agents, employees, servants and contractors from any Work Orderand all liability for any loss or damage which may be inflicted upon the property of LICENSEE, even if such loss or damage shall be brought about by the fault of the UNIVERSITY, its officers, directors, agents, employees, servants, or contractors, and the insurance policies required by this paragraph shall permit such a waiver of subrogation and such waiver shall be reflected on the certificate of insurance provided hereunder. All conditions in items 21 shall be subject to review by the University of Delaware's Office of Risk Management.
Appears in 1 contract
Sources: License Agreement
Insurance Requirements. The Contractor assumes all risks incident to or in connection (A) Grantee shall maintain on file with its purpose to be conducted herein under and shall indemnify, defend and save the City evidence of ▇▇▇▇▇ harmless from damage or injuries insurance coverage consistent with the minimum coverage and limits of whatever nature or kind liability specified below; as respects the scope of such coverage, Grantee specifically acknowledges that the limits of liability requirements specified shall neither be construed as a limitation of Grantee's liability nor shall they be construed to persons or property arising directly or indirectly out of inure to the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation benefit of any lawinsurer by serving as a limitation or cap of any insurer's limits of liability that would otherwise apply.
(B) Grantee shall maintain:
(1) Commercial general liability insurance (including premises, ordinance or regulation affecting or having application to said operation or resulting from the carelessnessproducts and completed operations, negligence or improper conduct of Contractor contractual, independent contractors, employers/stop gap and personal/advertising injury liability) that shall not exclude XCU/Subsidence perils or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual similar perils ("CGL Insurance");
(2) Automobile liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all insurance covering owned, non-owned, leasedleased and hired vehicles; and
(3) Workers Compensation insurance in compliance with the Revised Code of Washington Title 51 ("Industrial Insurance"). The minimum limits of liability to be maintained for CGL and automobile liability insurance shall be one million dollars ($1,000,000) combined single limit each occurrence bodily injury and property damage (except, hired with respect to CGL Insurance, one million dollars ($1,000,000) each accident/disease employers/stop gap liability and one million dollars ($1,000,000) each offense personal/advertising injury).
(C) The City shall by designated additional insured endorsement or borrowed vehicles and must include coverage for blanket contractual liability additional insured endorsement or policy wording be covered as an additional insured for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services total corporate limits of liability maintained by Grantee for CGL Insurance and automobile liability insurance whether such limits are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationprimary, if applicableexcess, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ contingent or otherwise. Such additional insured status shall be furnished primary and non-contributory with a certificate of insurance, which shall provide that such any insurance maintained by the City.
(D) Insurance coverage shall not be changed or canceled, cancelable without ten mailing notice of cancellation not less than thirty (30) days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance actual date of any Work Ordersuch cancellation.
Appears in 1 contract
Sources: Cable Television Franchise Agreement
Insurance Requirements. The Contractor assumes all risks incident to A. Borrower shall procure and maintain, or in connection with its purpose cause to be conducted herein under procured and shall indemnifymaintained, defend and save at all times during the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out term of the Contractor’s operations Mezzanine Loan and arising from acts until the Mezzanine Loan shall have been paid and satisfied in full, policies of insurance in form and amounts satisfactory to each of the Senior Lenders and otherwise satisfying all of the requirements contained in any of the Senior Loan Documents. In the event that either or omissions both of its employees the Senior Loans is paid in, then Borrower shall maintain, or cause to be maintained, policies of insurance in form and shall indemnify, defend, save harmless amounts satisfying the City requirements of ▇▇▇▇▇ from any penalties for violation the Senior Loan Documents governing each respective Property prior to the payoff of any lawof the Senior Loans. If Borrower fails to maintain any insurance coverage required hereunder, ordinance or regulation affecting or having application to said operation or resulting from Lender may, but shall have no obligation to, obtain such insurance, and Borrower will pay all amounts expended by Lender, together with interest thereon at the carelessnessDefault Interest Rate, negligence or improper conduct of Contractor or any of its agents or employeeswithin ten (10) days after demand by Lender. In this connectionthe event of any conveyance to Lender of any Borrower Membership Interests, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed all interest under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableto, and coverage all rights or claims for Federal Employers’ Liability Actpayment under, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyall insurance policies (whether or not required by this Section 6.7) and then in force shall pass to Lender or its designee.
B. All original policies, which follows formor complete certified copies thereof together with all endorsements and renewals thereof, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City and retained by Lender unless Lender agrees otherwise. In case of ▇▇▇▇▇ insurance about to expire, Borrower shall deliver to Lender not less than thirty (30) days prior to the issuance expiration thereof written evidence establishing to Lender’s satisfaction that satisfactory renewal policies have been obtained and are in force
C. Notwithstanding anything to the contrary contained in the Mezzanine Loan Documents, Borrower waives any and all rights to claim or recover against Lender or its directors, officers, managers, members, employees, agents and representatives for loss of or damage or injury to any Work Orderof the Properties or any portion thereof, any of Borrower’s property, or the property of others under Borrower’s control from any cause insured against or required to be insured against under this Section 6.7 or otherwise coverable by insurance.
D. Borrower shall, at its expense, provide on or within thirty (30) days prior to each anniversary of the Closing Date, satisfactory evidence of the insurable value of each of the Properties and of the then-current insurance coverages for or relating to the Properties. Such evidence of insurable value may be in the form of an insurance appraisal or valuation report prepared by an insurance company, appraiser or other consultant approved by Lender.
E. In the event that any of the insurance coverages required under this Section 6 have not been extended at least thirty (30) days prior to the expiration thereof or have otherwise been terminated or are otherwise not in full force and effect, Borrower shall provide Lender notice of such expiration or termination and Lender shall have the right, without any notice to Borrower, to obtain or extend such insurance and pay any premiums theretofore. All amounts expended by Lender in doing so shall be paid and reimbursed by Borrower to Lender on demand, with interest at the Default Interest Rate until paid in full.
Appears in 1 contract
Sources: Mezzanine Loan and Security Agreement (Asset Capital Corporation, Inc.)
Insurance Requirements. The Contractor assumes Throughout the life of this Agreement, TOW OPERATOR shall pay for and maintain in full force and effect all risks incident to or insurance as required as may be authorized in connection with its purpose to be conducted herein under and shall indemnify, defend and save writing by the City of ▇▇▇▇▇ harmless from damage Manager or injuries of whatever nature or kind to persons or property arising directly or indirectly out his/her designee at any time and in his/her sole discretion. If at any time during the life of the Contractor’s operations and arising from acts Agreement or omissions of its employees and shall indemnifyany extension, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor TOW OPERATOR or any of its agents or employees. In subcontractors fail to maintain any required insurance in full force and effect, all services and work under this connection, the Contractor Agreement shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablediscontinued immediately, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used all payments due or that become due to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ TOW OPERATOR shall be furnished with withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a certificate period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve TOW OPERATOR of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, which shall provide without limitation, notification received by CITY that such an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by TOW OPERATOR shall not be changed deemed to release or canceleddiminish the liability of TOW OPERATOR, including, without ten days prior written notice limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the City amount of ▇▇▇▇▇indemnification to be provided by TOW OPERATOR. THE POLICY SHALL LIST THE Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of TOW OPERATOR, its principals, officers, agents, employees, persons under the supervision of TOW OPERATOR, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. Upon request of City, TOW OPERATOR shall immediately furnish CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSUREDwith a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. Certificates This requirement shall survive expiration or termination of this Agreement. Where determined applicable by the CITY, TOW OPERATOR will comply with the following insurance requirements at its sole expense. Insurance companies shall be delivered rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the City State of ▇▇▇▇▇ prior to the issuance of any Work OrderCalifornia.
Appears in 1 contract
Sources: Independent Contractor Agreement
Insurance Requirements. Unless otherwise expressly modified in the Subdivision Development and Improvement Agreement, the District shall comply with the insurance requirements contained herein.
(a) The Contractor assumes all risks incident District shall cause contractor(s) to purchase and maintain during the entire term of its contract(s), including any extensions of time resulting from change orders, such commercial general liability and other insurance as will provide protection from claims set forth below which may arise out of or in connection with its purpose to be conducted herein result from contractor’s performance of the work and contractor’s other obligations under and shall indemnifythe contract, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising whether such performance is by contractor, by any subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
(i) Claims under workers’ or workmen’s compensation, disability benefits and other similar employee benefit acts;
(ii) Claims for damages because of bodily injury, occupational sickness or disease, or death of contractor’s employees;
(iii) Claims for damages because of bodily injury, sickness or disease, or death of any person other than contractor’s employees;
(iv) Claims for damages insured by personal injury liability coverage which are sustained by any person other than an employee of the contractor;
(v) Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;
(vi) Claims for damages because of bodily injury or death of any person or property damage arising out of the Contractor’s operations ownership, maintenance or use of any motor vehicle;
(vii) Claims for bodily injury or property damage arising out of completed operations; and
(viii) Claims involving tort liability assumed in this contract, to the extent granted in an unendorsed industry standard (“ISO”) Commercial General Liability policy, or broader.
(b) The insurance required of the contractor(s) shall include the specific coverages and arising from acts corresponding limits of liability provided herein, or omissions of its employees as required by law, whichever is greater, shall meet all requirements specified herein and shall indemnifybe placed with insurance companies rated at least “A:XIII” by A.M. Best Company, defend, save harmless or as otherwise accepted by the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from Town and the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesDistrict. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ All coverages shall be furnished with a certificate of insurance, which shall provide that underwritten by carriers authorized to do business in Colorado and acceptable to the District and the Town. All such insurance shall contain a provision that the coverage afforded will not be changed canceled or canceled, without ten days renewal refused until at least thirty (30) days’ prior written notice has been given to the City contractor, or until at least ten (10) days’ prior written notice has been given where there has been a non-payment of ▇▇▇▇▇premiums. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS COTo the extent that the insurance company provides such notice of cancellation or non-INSURED OR ADDITIONAL INSUREDrenewal, contractor shall immediately provide the District with a copy of such notice. Certificates All such insurance shall remain in effect until final payment and at all times thereafter when contractor may be correcting, removing or replacing defective work. In addition, contractor shall maintain the Products and Completed Operations insurance as shown herein for at least two (2) years after final payment and furnish the District with evidence of Insurance continuation of such insurance at final payment and one (1) year thereafter.
(c) Contractor(s) shall obtain and maintain insurance coverage as provided herein, including the following:
(i) Worker’s Compensation and Employers’ Liability
(1) State: Statutory
(2) Employers’ Liability
a) $500,000 Each Accident
b) $500,000 Disease, Policy Limit c) $500,000 Disease, Each Employee
(3) A Waiver of Subrogation in favor of the District, its directors, officers and employees shall be delivered attached to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderpolicy as a separate endorsement.
(ii) Commercial General Liability (Occurrence Form):
(1) Combined Bodily Injury and Property Damage:
Appears in 1 contract
Insurance Requirements. i) The Contractor assumes all risks incident to or shall obtain and retain in connection with its purpose to be conducted herein under and shall indemnify, defend and save force for the City duration of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectioncontract, the following forms of insurance written by an insurance company licensed and admitted in Idaho. The Contractor shall carry Insurances in furnish the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for Idaho Department of Lands with an Acord Form or Certificate of Insurance executed by a duly authorized representative of each insurer, showing compliance with the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which insurance requirements set forth below. All certificates shall provide that such insurance shall not be changed or canceled, without for ten days prior (10) days written notice to the City Idaho Department of ▇▇▇▇▇Lands prior to cancellation or material change of any insurance referred to therein. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSUREDAll policies required shall be written such that the insurance of the Contractor is primary, and any insurance carried by the state of Idaho, its departments, agents, officials, and employees shall be excess and not contributory to the insurance provided by the Contractor. All policies shall be endorsed to include the state of Idaho, its departments, agents, officials, and employees as additional insureds and shall protect the Contractor and IDL from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under this contract whether such operations be by the Contractor, his employees, subcontractors, agents, or guests. All policies shall contain waiver of subrogation coverage or endorsements. Failure of the Idaho Department of Lands to demand such certificate(s) or other evidence of full compliance with these insurance requirements, or failure of the Idaho Department of Lands to identify a deficiency from evidence that is provided, shall not be construed as a waiver of Contractors obligation to maintain such insurance. Failure to maintain the required insurance may result in termination of this contract. The Contractor shall provide certified copies of all insurance policies required within ten (10) days if requested by the Idaho Department of Lands.
ii) By requiring insurance herein, the Idaho Department of Lands does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractors liability under the indemnities granted to IDL in this contract.
iii) The Contractor shall require all subcontractors utilized in performance of this contract to provide Certificates of Insurance shall be delivered to the City Idaho Department of ▇▇▇▇▇ prior to Lands evidencing insurance coverage with the issuance of any Work Orderrequired additional insured endorsements as set forth in the preceding paragraphs.
Appears in 1 contract
Sources: Preseason Contract
Insurance Requirements. The Contractor assumes all risks incident Supplier is required to or in connection with its purpose obtain and maintain the following insurance coverage from an insurance company acceptable to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances Company in the following amounts: Commercial amounts and with the conditions listed below:
a) Product Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include and Public Liability (occurrence, not claims-made form), with Company named as Additional Insured as evidenced by attached endorsement or blanket additional insured coverage provided by the policy (waiver of subrogation where permitted by laws). Policy shall be occurrence based with limits of no less than RMB 8,000,000 per occurrence, without any aggregate limits or RMB 40,000,000 in the aggregate during the policy term. High Risk Suppliers (as defined by Company) shall maintain policy limits of not less than RMB 20,000,0000 per occurrence without any aggregate limits or RMB 80,000,000 in the aggregate during the policy term.
b) Social Insurance (including but not limited to pension insurance, medical insurance, occupational insurance and unemployment insurance) or Employer's Liability Insurance (a waiver of subrogation where permitted by law) for a Supplier whose employees will be entering Company's premises, with RMB 8,000,000 in employers' liability coverage and a waiver of subrogation where Permitted By Law.
c) Automobile Coverage, with Company named as Additional Insured as evidenced by attached endorsement or blanket contractual liability for additional insured coverage provided by the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may for a Supplier whose employees or agents will be used driving on Company's premises or making delivery to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ Company's premises shall be furnished occurrence based with a certificate limits of insurance, which no less than RMB 200,000 per occurrence.
d) Supplier shall provide that such insurance shall not be changed or canceled, without ten at least sixty (60) days prior written notice to the City Company prior to any cancellation of ▇▇▇▇▇and/or any change to any policy of insurance maintained hereunder, and each such policy shall obligate the insurer to provide at least sixty (60) days' written notice to Company in advance of any contemplated cancellation or termination thereof or any change hereto.
e) Supplier's insurance shall be considered primary, non-contributory and not excess coverage. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates · The Certificate of Insurance shall must be delivered valid at the time of shipment. Company reserves the right to require the City complete documents of ▇▇▇▇▇ prior all required insurance policies from Supplier at any time. · Please direct any questions regarding your insurance to the issuance of any Work Order.Government Affairs Department at 0755-21511159. Supplier contact for product liability claims: Name: Address: Carrier:
Appears in 1 contract
Insurance Requirements. A. The Contractor assumes following shall be included as additional named insured on all risks incident insurance certificates to or in connection with its purpose to be conducted herein under the extent allowed by law: the New Haven Parking Authority/Park New Haven and shall indemnify, defend and save the City of New Haven, and their respective employees, officers and agents. NHPA reserves the right to add entities to this list.
B. Indemnify and save harmless those listed in paragraph “A” above and their respective officers, agents, and employees from claims, suits, actions, damages, and costs of every name and description resulting from the negligent performance of the Licensee or and/or any of its subcontractors under this Agreement, including any supplements thereto, or resulting from the nonperformance of the Licensee and/or any of its contractors and vendors of any of the covenants and/or specifications of this Agreement, including any supplements thereto, and such indemnity shall not be limited by reason of any insurance coverage.
C. With respect to the operations performed by the Licensee under the terms of this Agreement and also those performed for the Licensee by its contractors and vendors, the Licensee will be required to carry for the duration of this Agreement, and any supplements thereto, with the required additional named insured, the minimum liability insurance coverage noted in items “C(1)” through “C(5)” at the Licensee's expense. Said coverage is to be provided by an insurance company or companies satisfactory to the New Haven Parking Authority and other Authorities Having Jurisdiction. Each insurance policy shall require that the insurance company agree to investigate and defend the insured against all claims for damages, even if groundless.
(1) The Licensee and its contractors and vendors shall carry Worker’s Compensation and Employers’ Liability Insurance and, as applicable, insurance required in accordance with the U.S. ▇▇▇▇▇▇▇▇▇ harmless from damage or injuries and Harbor Worker’s Compensation Act, and in accordance with the requirements of whatever nature or kind to persons or property the laws of the State of Connecticut and the laws of the United States with the following limits: Workers Compensation with Statutory Limits and Employers’ Liability $500,000/$500,000/$500,000 Limits.
(2) The Licensee and its contractors and vendors shall carry Commercial General Liability Insurance, including Contractual Liability Insurance, providing for a total limit of One Million Dollars ($1,000,000) for all damages arising directly or indirectly out of bodily injuries to or death of all persons in any one incident or occurrence, and for all damages arising out of injury to or destruction of property in any one incident or occurrence, and, subject to that limit per accident, a total (or aggregate) limit of Two Million Dollars ($2,000,000) for all damages arising out of bodily injuries to or death of all persons in all accidents or occurrences and out of injury to or destruction of property during the Contractor’s operations policy period.
(3) The operation of all motor vehicles, including those hired or borrowed, used in connection with this Agreement shall be covered by Automobile Liability Insurance providing for a limit of One Million Dollars ($1,000,000) Combined Single Limit.
(4) Umbrella/Excess Liability with limits of One Million Dollars ($1,000,000) Each Occurrence and arising from acts Aggregate.
(5) In the event the performance of this Agreement involves the sale and serving of alcoholic beverages, Liquor Liability Insurance coverage in an amount not less than $1,000,000 per occurrence shall also be required.
D. Policy Requirements: The company or omissions of companies writing any insurance which the Licensee and its employees contractors and vendors are required to carry and maintain or cause to be carried or maintained pursuant to this Agreement shall indemnifyname the New Haven Parking Authority/Park New Haven, defend, save harmless the City of ▇▇▇▇▇ New Haven, and their respective employees, officers and agents as Additional Insureds on a primary and non-contributory basis to all policies except Workers Compensation. All policies shall also include a Waiver of Subrogation. Insurance shall be written with Carriers approved in the State of Connecticut and have a Financial Strength Rating of “A-“ or higher and a Financial Size Rating of VIII or higher from A.M. Best Company. In addition, all Carriers are subject to approval by the New Haven Parking Authority/Park New Haven. If any penalties policy is written on a “Claims Made” basis, the policy must be continually renewed for violation a minimum of any law, ordinance or regulation affecting or having application to said operation or resulting two (2) years from the carelessnesscompletion date of this contract. If the policy is replaced and/or the retroactive date is changed, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, then the Contractor shall carry Insurances in expiring policy must be endorsed to extend the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage reporting period for blanket contractual liability claims for the obligations assumed under policy in effect during the contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedfor two (2) years from the completion date.
E. Insurance Certificates: Original, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. completed Certificates of Insurance shall must be delivered presented to the City of ▇▇▇▇▇ New Haven Parking Authority/Park New Haven prior to contract issuance. Contractor agrees to provide renewal certificates at least 30 days prior to the issuance expiration date of the policies. Should any Work Orderof the above described policies be cancelled, limits reduced or coverage altered, 30 days written notice must be given to the New Haven Parking Authority/Park New Haven.
Appears in 1 contract
Sources: License Agreement
Insurance Requirements. Renter must present a certificate of insurance complying with the requirements of this section to SHU/ECPA at the same time as Renter pays the Estimate of Costs. If the certificate of insurance is not presented at this time, SHU/ECPA shall have the right to terminate this Agreement, and retain any rental fee paid by Renter. Alternatively, SHU/ECPA, at its option, may insure the event under its own liability insurance policy, at Renter’s sole cost and expense. The Contractor assumes all risks incident certificate of insurance provided to SHU/ECPA by Renter must be issued by an insurer duly licensed and operating in the State of Connecticut and must be in a format satisfactory to SHU/ECPA. The certificate of insurance shall confirm that Renter is covered by, and SHU/ECPA and its officers, directors, employees, agents and contractors are named as additional insured parties under, an insurance policy which shall remain in full force and effect during the entire time of use and occupancy of the venue by Renter, and which shall provide the following coverages: Public liability insurance in general liability form covering:
a) Bodily injury liability with a minimum coverage of two million dollars ($2,000,000) for injury or death per occurrence.
b) Property damage liability in connection with its purpose the amount of one million dollars ($1,000,000) for each occurrence. Renter will not do, or permit to be conducted herein under done, anything in or upon any portion of SHU/ECPA’s premises which will in any way conflict with the conditions of, or result in a denial of coverage under, any such insurance policy, or which will in any way increase any rate of insurance of SHU/ECPA. Renter shall indemnify and shall indemnifyhold harmless SHU/ECPA and its officers, defend directors, employees, contractors and save agents against any and all claims, and causes or action, damages, costs and liabilities in law, in equity, of every kind and nature whatsoever, directly or indirectly arising out of Renter's use or occupation of the City Venue or caused by Renter or any of its officers, employees, agents, guests, patrons or invitees. ▇▇▇▇▇▇ harmless from damage agrees, at its sole cost and expense, to defend any and all suits, actions or injuries other legal proceedings which may be brought against SHU/ECPA, its officers, directors, employees, contractors or agents on account of whatever nature any such claim, demand, or kind cause or action, further agrees to persons pay for any and all damages to the SHU/ECPA’s premises caused by Renter, its officers, agents, employees, guests, patrons or property arising directly or indirectly out of invitees, as well as any and all legal fees incurred by SHU/ECPA in enforcing this obligation. Not withstanding anything contained herein to the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifycontrary, defend, save harmless the City of ▇▇▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees▇. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇▇▇▇▇▇ shall be furnished with a certificate indemnify and hold harmless Sacred Heart University, its Board of insuranceTrustees, which shall provide that such insurance shall not be changed or canceledits officers, agents employees and students from any and all claims, liabilities, losses, damages, liens, and expenses including, without ten days prior written notice limitation, reasonable attorney’s fees, in any way relating to the City or arising directly or indirectly from negligent acts or omissions of ▇▇▇▇▇▇▇ ▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Order▇▇), its agents or employees.
Appears in 1 contract
Sources: Rental Agreement
Insurance Requirements. (a) The Contractor assumes Developer will, at all risks incident times prior to the City’s final acceptance of all of the Public Improvements, maintain or in connection with its purpose cause to be conducted herein under maintained the insurance coverage for the Public Improvements as follows:
(i) comprehensive general liability insurance, including auto, for property damage and shall indemnifypersonal injury or death, defend with limits of liability of at least $2,000,000 per occurrence and save with a deductible not in excess of $10,000, which may be provided by umbrella or excess liability policies, and worker’s compensation insurance (including employer’s liability insurance), for all employees, contractors or other agents of the City, if any, as well as the Developer and Developer’s contractors involved in the construction of the Public Improvements, in such amounts as are established by law; and
(ii) all risk (including builder's risk) property insurance in the amount of the full replacement cost of the Public Improvements, exclusive of land (and all other property insured thereby if such policy applied to property other than the Public Improvements), with a deductible not in excess of $10,000 in the aggregate.
(b) All insurance policies must name the City and the Developer as primary or additional insureds. The additional insured coverage provided is primary, notwithstanding other insurance covering the City or the Developer. All property insurance policies must name the City as loss payee. All policies must, unless otherwise agreed by the City in writing, be issued by carriers with a Best’s Insurance Reports policyholder’s rating, to the extent commercially reasonable, of ▇▇▇▇▇ harmless from damage “A-” or injuries better and a financial size category of whatever nature “IX” or kind to persons or property arising directly or indirectly out better. Upon request of the Contractor’s operations and arising from acts City, the Developer must deliver or omissions of its employees and shall indemnify, defend, save harmless cause to be delivered to the City certificates of ▇▇▇▇▇ from any penalties insurance for violation of any lawall required policies. If commercially available, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage all policies must contain provisions for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workersthirty days’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City and Developer, as applicable, prior to expiration or cancellation. Each insurer under any policy must waive any defenses the insurer may have to payment as a consequence of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates acts or omissions of Insurance shall any party.
(c) Every insurance policy carried pursuant to this Section will contain provisions, if they can be delivered so written, denying to the insurer subrogation rights against the City of ▇▇▇▇▇ or Developer to the extent such rights have been waived by the insured prior to the issuance occurrence of damage or loss. Each party waives any rights of recovery against the other party for any direct damage or consequential loss covered by any such policy to the extent the party is protected by insurance, whether or not such damage or loss is caused by any acts or omissions of the other party.
(d) Neither the City nor the Developer will be liable by way of subrogation or otherwise to the other party or to anyone claiming through the other party or to any insurance company, insuring the other party for any business interruption or for any loss or damage to the Public Improvements or other tangible property, or injury to or death of persons, occurring on or about the Public Improvement Property, or in any manner arising out of the use or occupation of the Public Improvements, including the use or occupation of the Public Improvements by City or Developer, or City’s or Developer’s agents, employees, representatives, visitors or guests, even though such business interruption, loss, damage, injury or death may be occasioned by the negligence of such party or its agents or employees, to the extent that such business interruption, loss, damage, injury or death is covered by a fire and extended coverage insurance policy, by a contents insurance policy or by a sprinkler leakage or water damage policy, or to the extent of recovery under any other insurance carried covering such business interruption, loss, damage, injury or death. If available, each insurance policy carried by the Developer or the City will contain a clause to the effect that the foregoing waiver will not affect the right of the insured party to recover under such policy.
(e) If the Developer fails to procure any of the insurance coverage required by this Section, and such failure continues following written notice thereof to the Developer from the City and a reasonable opportunity to cure, the Developer acknowledges and agrees that the City may obtain such coverage with such insurers as the City chooses, and in such event, the Developer will promptly reimburse the City for the reasonable out-of-pocket cost of any Work Ordersuch insurance.
Appears in 1 contract
Insurance Requirements. 9.1 The Contractor assumes shall provide, with each original of the signed Contract, an insurance certificate or certificates acceptable to the Owner and BGS. The Contractor shall submit insurance certificates to the Owner and BGS at the commencement of this Contract and at policy renewal or revision dates. The certificates shall identify the project name and BGS project number, and shall name the Owner as certificate holder and as additional insured for general liability and automobile liability coverages. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner and BGS.
9.2 The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Contractor or its Subcontractors. The Contractor is responsible for the existence, extent and adequacy of insurance prior to commencement of work. The Contractor shall not allow any Subcontractor to commence work until all similar insurance required of the Subcontractor has been confirmed by the Contractor.
9.3 The Contractor shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought. The Contractor shall ensure that all Subcontractors they engage, or employ will procure and maintain similar insurance in connection with its purpose form and amount acceptable to the Owner and BGS. At a minimum, the insurance shall be conducted of the types and limits set forth herein under and shall indemnify, defend and save protecting the City of ▇▇▇▇▇ harmless Contractor from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of claims which may result from the Contractor’s execution of the Work, whether such execution be by the Contractor or by those employed by the Contractor or by those for whose acts they may be liable. All required insurance coverages shall be placed with carriers authorized to conduct business in the State of Maine by the Maine Bureau of Insurance.
9.3.1 The Contractor shall have Workers’ Compensation insurance for all employees on the Project site in accordance with the requirements of the Workers’ Compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit When applicable, a Sole Proprietor, or Partner or Member of a Limited Liability Company shall provide evidence of an approved application for waiver from the Workers’ Compensation Board regarding employment of a parent, spouse, domestic partner, or child.
9.3.2 The Contractor shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. The policy shall include collapse and underground coverage as well as explosion coverage if explosion hazards exist. Aggregate limits shall apply on a location or project basis. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations and arising from acts aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000
9.3.3 The Contractor shall have Automobile Liability insurance against claims for bodily injury, death or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or property damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leasedtrucks and trailers. Minimum acceptable limit is: Any one accident or loss $500,000
9.3.4 For the portion of projects which are new construction, hired or borrowed vehicles the Contractor shall procure and must include coverage for blanket contractual liability for maintain Builder’s Risk insurance naming the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ CompensationOwner, if applicableContractor, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, any Subcontractor as insureds as their interest may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City appear. Covered causes of ▇▇▇▇▇ loss form shall be furnished with a certificate all Risks of insuranceDirect Physical Loss, which shall provide that such endorsed to include flood, earthquake, transit and sprinkler leakage where sprinkler coverage is applicable. Unless specifically authorized in writing by the Owner, the limit of insurance shall not be changed or canceled, without ten days prior written notice to less than the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance initial contract amount and coverage shall be delivered to apply during the City of ▇▇▇▇▇ prior to entire contract period and until the issuance of any Work Orderwork is accepted by the Owner.
Appears in 1 contract
Sources: Construction Contract
Insurance Requirements. General liability insurance: The Contractor assumes all risks incident (USER/RENTER) shall procure and maintain, for the duration of the use period contemplated herein, commercial general liability insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. If alcohol is sold during the permitted activity, coverage must include full liquor liability.
a. Such insurance shall name SMRPD, its officers, employees, agents, and volunteers as additional insureds prior to the use of the facility. The (USER/RENTER) shall file certificates of such insurance with the SMRPD, which shall be endorsed to provide thirty (30) days’ notice to the SMRPD of cancellation or any change of coverage or limits. If a copy of the insurance certificate and endorsement is not on file prior to the event, the SMRPD may deny access to the facility.
b. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in connection the State of California, with its purpose an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the SMRPD’s self-insurance pool.
c. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be conducted herein under all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the (USER/RENTER) maintains higher limits than the minimums shown above, the SMRPD requires and shall indemnify, defend and save be entitled to coverage for the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out higher limits maintained by the (USER/RENTER). Any available insurance proceeds in excess of the Contractor’s specified minimum limits of insurance and coverage shall be available to SMRPD.
d. For Drone usage the UAS owner/operator shall procure and maintain insurance coverage at least as broad as: Aviation liability insurance, including bodily injury, property damage, products and completed operations with limits no less than $1,000,000 per occurrence and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances $2,000,000 in the following amountsaggregate. If coverage is provided as part of a General Liability policy, then: Commercial Liability General liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 Each Occurrence 2,000,000 per occurrence, $1,000,000 General Aggregate Must 4,000,000 general aggregate for bodily injury, personal and advertising injury, and property damage. The policy must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Workers’ compensation insurance. Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s Limits) and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability Insurance (with limits of at least $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy1,000,000). Vendor shall submit to Agency, which follows form, may be used to obtain along with the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers. UA owner/operator shall provide submit to Agency the certificate of insurance along with an endorsement providing that such insurance shall not be changed or canceledAgency and its officers, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance officials, employees, agents, and volunteers shall be delivered additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. UA owner/operator shall also submit a Waiver of Subrogation endorsement in favor of the City of ▇▇▇▇▇ prior to the issuance of any Work OrderAgency, its officers, agents, employees, and volunteers. Drones may not go further than 50’ beyond Silverado Community Center property boundaries.
Appears in 1 contract
Sources: Facilities Use Agreement
Insurance Requirements. The Contractor assumes all risks incident Each insurance policy and certificate thereof obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord, its partners and any persons, firms or in connection corporations designated by Landlord with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability at least thirty (if applicable30) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice of any material change, non-renewal or cancellation of the policy. Each such insurance policy shall be with an insurance company authorized to do business in the City State of ▇▇▇▇▇Arizona and reasonably acceptable to Landlord. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates Certified copies of Insurance all insurance policies evidencing the coverage under each such policy, as well as a certified copy of the required additional insured endorsement(s) shall be delivered to Landlord prior to commencement of the City Lease Term. Each such policy shall provide that any loss payable thereunder shall be payable notwithstanding
(a) any act, omission or neglect by Tenant or by any subtenant of Tenant, or (b) any occupation or use of the Leased Premises or any portion thereof by Tenant or by any subtenant of Tenant for purposes more hazardous than permitted by the terms of such policy or policies, or (c) any foreclosure or other action or proceeding taken by any mortgagee or trustee pursuant to any provision of any mortgage or deed of rust covering the Leased Premises, the Building or the Project, or (d) any change in title or ownership of the Project. All insurance policies required pursuant to this Article 9 shall be written as primary policies, not contributing with or in excess of any coverage which Landlord may carry. Tenant shall procure and maintain all policies entirely at its own expense and shall, at least twenty (20) days prior to the expiration of such policies, furnish Landlord with certified copies of replacement policies or renewal certificates for existing policies in conformance with Accord Form No. 27 (March 1993). Tenant shall not do or permit to be done anything which shall invalidate the insurance policies maintained by Landlord or the insurance policies required pursuant to this Article 9 or the coverage thereunder. If Tenant or any subtenant of Tenant does or permits to be done anything which shall increase the cost of any insurance policies maintained by Landlord, then Tenant shall reimburse Landlord for any additional premiums attributable to any act or omission or operation of Tenant or any subtenant of Tenant causing such increase in the cost of insurance. Any such amount shall be payable as Additional Rent within five (5) days after receipt by Tenant of a bill ▇▇▇▇▇ prior m Landlord. All policies of insurance shall name both Landlord and Tenant (and/or such other party or parties as Landlord may require) as insureds and shall be endorsed to indicate that the issuance coverage provided shall not be invalid due to any act or omission on he part of any Work OrderLandlord.
Appears in 1 contract
Insurance Requirements. The Contractor assumes all risks incident to or in connection with Vendor/Exhibitor will provide and maintain, at its purpose to be conducted herein under sole expense, insurance as set forth below, and shall indemnifyprovide a Certificate of Insurance evidencing same, defend naming A Taste of Encino, Encino Chamber of Commerce, Bureau of Street Services, Department of Transportation, County of Los Angeles and save the City of Los Angeles as additional insured’s. Said certificate shall be in effect for the period including, but not limited to, 12:00am on Sunday, October 11, 2015 through 11:30pm on Sunday, October 11, 2015. Said insurance shall be primary to, and not in conflict with any other insurance maintained by the above mentioned “additional insureds”. Insurance shall include, but not be limited to, Comprehensive General Liability endorsed to Premises, Operations, Contractual Broad Forms, Property Damage and Personal Injury with a combined single limit of not less than $1,000,000 per occurrence. If written with an annual aggregate limit, the policy limit should be three times the occurrence limit. Failure of Vendor/Exhibitor to provide and maintain said required insurance shall constitute a material breach of its involvement with the ‘A TASTE OF ENCINO’ and the Encino Chamber of Commerce shall then be entitled to deny Vendor/Exhibitor from participation at this event with no refund entitlement or other consideration for its paid fees, nor shall it lessen Vendor/Exhibitor’s overall liability and responsibility. If said Certificate of Insurance is written on a Claims Made Form, Vendor/Exhibitor shall continue to name the aforementioned “Additionally Insureds” or provide an extended coverage period for all applicable statutes of limitations beginning upon termination or cancellation of Vendor/Exhibitor involvement in the 2015 ‘A TASTE OF ENCINO’. Certificates of Insurance must be mailed or faxed to the office of the Encino Chamber of Commerce at ▇▇▇▇ ▇▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law., ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇▇, ▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF FAX ▇▇▇-▇▇▇-▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Insurance Certificates of Insurance shall must be delivered received no later than September 2, 2015. If said copy is transmitted by facsimile, an original must follow by mail to the City of ▇▇▇▇▇ prior to the issuance of any Work Ordersame address.
Appears in 1 contract
Sources: Participation Application
Insurance Requirements. The Contractor assumes following provisions shall apply to all risks incident to insurance coverage required under this Agreement, including, but not limited to, the insurance required under Sections 4.01 and 4.02 above:
(a) The carriers of all .policies shall have a Best's Rating of "A-" or in connection with its purpose to be conducted herein under better and a Best's Financial Category of XII or larger and shall indemnify, defend be authorized to do business in and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind licensed to persons or property arising directly or indirectly out issue insurance policies of the Contractor’s type so issued to Tenant in the state in which the Leased Property is located.
(b) Tenant shall be the "named insured" and Landlord and any mortgagee of Landlord shall be an "additional named insured" on each liability insurance policy required under Section 4.01, except that if such coverage is under a blanket policy, Landlord and its mortgagee shall each be designated an "additional named insured" only with respect to the particular Leased Property covered under any such policy or policies and the operations and arising from services conducted thereon. Landlord and any mortgagee of Landlord shall be designated "loss payee" or "mortgagee loss payee" on each property insurance policy required under Section
4.01 except that if such coverage is under a blanket insurance policy, each shall be designated a "loss payee" or "mortgagee loss payee" only with respect to the particular Leased Property covered thereunder.
(c) Tenant shall deliver to Landlord certificates or policies showing the required coverage and endorsements. The policies of insurance shall provide that the policy may not be canceled or not renewed, and no material change or reduction in coverage may be made, without at least thirty (30) days' prior written notice to Landlord.
(d) The policies shall contain a severability of interest and/or -cross-liability endorsement, providing that the acts or omissions of its employees and shall indemnify, defend, save harmless Tenant will not invalidate the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableLandlord's coverage, and coverage providing that Landlord shall not be responsible for Federal Employers’ Liability Actpayment of premiums.
(e) All loss adjustment shall require the written consent of Landlord and Tenant, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability as their interests may appear.
(f) At least ten (10) days prior to the expiration of each policy, which follows formTenant shall deliver to Landlord a certificate showing renewal of such policy and payment of the annual premium therefor. Landlord shall have the right to review the insurance coverage required hereunder with Tenant from time to time with respect to such insurance coverage required hereunder from time to time, may be used to obtain the aforementioned input of third party professional insurance advisors (at Landlord's expense except if an Event of Default shall have occurred and then be continuing) with respect to such insurance coverage, and to consult with Tenant in Tenant's annual review and renewal of such insurance coverage. If, as a result of such review, Landlord shall determine that the minimum insurance requirements set forth in Section 4.02(a) above should be increased, at Landlord's request, Tenant shall increase the limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ liability under such insurance policies as reasonably requested by Landlord. All insurance coverage hereunder shall be furnished with a certificate of insurancein such form, which shall provide that such insurance shall not be changed substance and amounts as are customary or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderstandard in Tenant's industry.
Appears in 1 contract
Sources: Master Agreement to Lease (Correctional Properties Trust)
Insurance Requirements. The Contractor assumes All insurance and all risks incident to renewals thereof shall be issued by companies with a rating of at least "A-" "VIII" or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances better in the following amounts: Commercial Liability $1,000,000 current edition of Best's Insurance Reports and be licensed to do and doing business in the state in which the Property is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ policy shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten days thirty (30) days' prior written notice to the City Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such period of ▇▇▇▇▇thirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance All liability insurance (except employers liability) shall name Landlord and any other parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the City policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of ▇▇▇▇▇ prior insurance, acceptable to Landlord, to Landlord at least ten (10) days before the issuance Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any Work Ordersuch insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as additional rent, all premiums paid by Landlord.
Appears in 1 contract
Insurance Requirements. The Contractor assumes all risks incident to Lessee shall provide and maintain, at its sole cost and expense, Commercial General Liability insurance, or equivalent insurance as determined by Lessor, in connection with its purpose to be conducted herein an amount not less than $1,000,000 for each occurrence and in the aggregate, and in the case of property damage, not less than $100,000 for each occurrence, and including coverage for contractual liability assumed under this Agreement. Lessee shall name Lessor and Lessor Indemnified Parties as additional insureds on this policy and shall indemnifywaive any rights of subrogation or recourse against Lessor and Lessor Indemnified Parties, defend to the extent of Lessee’s defense and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind indemnity obligations set forth in this Agreement. By requiring this insurance, Lessor does not represent that coverage and limits will necessarily be adequate to persons or property arising directly or indirectly out protect Lessee, and such coverage and limits shall not be deemed as a limitation on Lessee’s liability under this Agreement. Lessee shall furnish to Lessor, no less than ten (10) days in advance of the Contractor’s operations and arising from acts or omissions commencement of its employees and shall indemnifythe Event, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insuranceinsurance executed by a duly authorized representative of the insurer, which showing compliance with the insurance requirements set forth above. All policies required shall be written as primary policies and not contributing to nor in excess of any coverage Lessor may choose to maintain. The certificate(s) shall provide that such insurance shall not be changed or canceled, without ten days prior for thirty (30) days’ written notice to Lessor prior to non-renewal, cancellation or material change of any insurance referred to in the City certificate. If Lessee does not have the required insurance, Lessee shall purchase a Tenants and Users Liability Insurance Policy arranged by Lessor to cover Lessee’s use of the Facility with the required limits. Lessee shall log on to ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ://▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇.▇▇▇▇▇▇.▇▇▇/ and click on “Get A Quote For Your Event”. Lessee shall follow the instructions on the site, which will allow Lessee to purchase and pay for the required insurance by credit card. Any questions should be directed to ▇▇▇-▇▇▇-▇▇▇▇ prior to the issuance of any Work Orderand press 5. Additional insurance requirements for an Event with food and/or alcohol are described in Item 10.
Appears in 1 contract
Sources: Facilities Use Agreement
Insurance Requirements. The Contractor assumes all risks incident to or in connection Each Loan Party, at its expense, shall maintain with its purpose to be conducted herein under financially sound and reputable insurance companies, and shall indemnify, defend deliver to the Administrative Agent certificates of insurance evidencing insurance with respect to its properties and save the City of ▇▇▇▇▇ harmless from business against loss or damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s kinds customarily insured against by Persons engaged in the same or similar business, of such types and in such amounts (after giving effect to any self-insurance reasonable and customary for similarly situated Persons engaged in the same or similar businesses as the Loan Parties) as are customarily carried under similar circumstances by such other Persons , including the following:
(1) commercial general liability insurance with limits of not less than $1,000,000 per occurrence combined single limit and $2,000,000 in the aggregate where applicable for the policy period extended to cover: (i) contractual liability assumed by such Loan Party, (ii) independent contractors liability, (iii) broad form property damage liability, (iv) products & completed operations coverage on an “if any” basis, (v) waiver of subrogation against the Collateral Agent, (vi) severability of interest provision, and arising from acts (vii) personal & advertising injury liability;
(2) automobile liability insurance including coverage on owned, hired and non-owned automobiles with bodily injury and property damage limits of not less than $1,000,000 per occurrence combined single limit, with a waiver of subrogation against the Collateral Agent; provided that coverage as to owned vehicles may occur on or omissions of its employees and shall indemnify, defend, save harmless promptly after the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from first date the carelessness, negligence or improper conduct of Contractor Borrower or any of its agents or employeesthe Subsidiaries have vehicles;
(3) umbrella/excess liability in excess of commercial general liability, automobile liability and employers’ liability coverages with a limit of liability of not less than $50,000,000 per occurrence;
(4) all-risk property (special cause of loss) insurance on the improvements and betterments in an amount not less than the full insurable value on a replacement cost basis of the insured improvements and personal property related thereto. In this connectionDuring the construction period, if the Contractor general property insurance coverage does not apply, property insurance shall carry Insurances be written in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include a so-called Builder’s Risk completed non-reporting form including coverage for blanket contractual liability all furniture, fixtures and equipment and provide that the Collateral Agent shall be included under a Lenders Loss Payable endorsement. This policy will have no coinsurance requirement and shall contain a provision granting the insured permission to occupy prior to completion to the extent commercially available;
(5) terrorism insurance for certified acts of terrorism on the improvements and betterments in an amount not less than the full insurable value on a replacement cost basis of the insured improvements and personal property related thereto to the extent that such coverage is commercially available at a commercially reasonable price. During the construction period, terrorism insurance shall be written in a so-called Builder’s Risk completed non-reporting form. It is further understood that such coverage may be provided by a captive insurance company (a “Captive Insurance Company”) except with respect to losses which are not reinsured by the federal government under the Terrorism Risk Insurance Act (TRIA) which shall be reinsured by an insurance company having an A.M. Best rating of not less than A- VII. Such reinsurance agreements between such Captive Insurance Company and all such reinsurance companies providing the referenced reinsurance shall provide for direct access to such reinsurers through a direct access cut-through endorsement for all named insureds, loss payees and mortgagees. The Agents and Lenders hereby acknowledge and agree that Romulus Risk and Insurance Company, Inc. is an acceptable Captive Insurance Company for providing such certified terrorism coverage for the obligations assumed Borrower;
(6) workers’ compensation and employers’ liability insurance in accordance with the applicable laws of the state of Maryland. The policy limit under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual the employers’ liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance section shall not be changed less than $1,000,000 for any one accident which may occur on or canceledafter the first date the Borrower or any of the Subsidiaries have employees; and
(7) If any building structures or improvements included in Mortgaged Property lie, without ten days prior written notice to within a “special flood hazard area” as designated on maps prepared by the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Federal Emergency Management Agency (or any successor agency) flood insurance shall be delivered to carried for the City duration of ▇▇▇▇▇ prior to the issuance of any Work OrderLoans in compliance with applicable law and the National Flood Insurance Program as set forth in the flood laws, including the required deductibles.
Appears in 1 contract
Insurance Requirements. The Contractor assumes all risks incident to All insurance and renewals thereof shall be issued by companies with a rating of at least "A-" "VIII" or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances better in the following amounts: Commercial Liability $1,000,000 current edition of Best's Insurance Report and be licensed to do and doing business in the state in which the Property is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ policy shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten thirty (30) days prior written notice to the City of ▇▇▇▇▇Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such thirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance All liability insurance (except employers liability) shall name Landlord and any other parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose )or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the City policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of ▇▇▇▇▇ prior insurance, acceptable to Landlord, to Landlord at least ten (10) days before the issuance Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any Work Ordersuch insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as additional rent, all premiums paid by Landlord.
Appears in 1 contract
Sources: Sublease (Build a Bear Workshop Inc)
Insurance Requirements. The Contractor assumes all risks incident Insurance provided pursuant to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ Section 11.1 shall be furnished written by reputable insurance companies that are financially sound and solvent with a certificate rating of insurance, which at least “A-/VIII” by A.M. Best’s or a claims paying rating of “A-” by S&P or by other insurers approved in writing by the Lessor. Each policy referred to in this Section 11.1 shall provide that such insurance shall that: (i) it will not be changed or canceled, materially modified or its limits reduced, or allowed to lapse without ten days renewal, except after not less than thirty (30) days’ prior written notice to the City Administrative Agent and the Lessor and not less than ten (10) days’ prior written notice to the Administrative Agent and the Lessor for the non-payment of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS COpremium; (ii) the interests of the Administrative Agent, the Collateral Agent, the Lessor and any other Participant shall not be invalidated by any act or negligence of or breach of warranty or representation by the Lessee or any Person having an interest in the Leased Property; (iii) such insurance is primary and non-INSURED OR ADDITIONAL INSURED. Certificates contributory with respect to any other insurance carried by or available to the Administrative Agent, the Collateral Agent, the Lessor or any other Participant; (iv) the insurer shall waive customary rights of Insurance subrogation, setoff, counterclaim, or other deduction, whether by attachment or otherwise, against any additional insured or loss payee; (v) such policy shall contain a severability clause providing for coverage of the Administrative Agent, the Collateral Agent, the Lessor and each other Participant as if separate policies had been issued to each of them; (vi) such policy, to the extent of the insurance policies provided by the Lessee pursuant to Section 11.1(a) or Section 11.1(c), shall be delivered written on an occurrence basis and shall be in effect for the Lease Term including any Extended Remarketing Period; and (vii) the insurer shall waive all claims for premiums against the Administrative Agent, the Collateral Agent, the Lessor and any other Participant. Any insurance policy required hereunder (other than any flood hazard insurance policy, “excess flood” insurance policy, or similar policy) may be in the form of a blanket insurance policy, provided that such policy shall provide the same protection as would a separate policy insuring only the Leased Property in compliance with the provisions of this Section 11.1 provided, however, any blanket insurance policy that does not specifically allocate to the City Leased Property the amount of ▇▇▇▇▇ prior coverage from time to time required hereunder shall be subject to the issuance Lessor’s reasonable approval after taking into account, among other things, the amount, location, number, type and size of properties covered by such blanket insurance policy. The Lessee shall provide Administrative Agent and Lessor with (30) days prior notice of any Work Order.cancellation or material alteration of insurance coverage pursuant to Section 11.1. SECTION
Appears in 1 contract
Sources: Lease Agreement (Big Lots Inc)
Insurance Requirements. The Contractor assumes all risks incident Contractor, at its own cost and expense, shall procure and maintain insurance coverage satisfactory to or TDIS, which shall include not less than the following coverage:
I. Worker's Compensation Insurance to meet fully the requirement of any compensation act, plan, legislative enactment applicable in connection with its purpose to be conducted herein under and shall indemnifythe death, defend and save the City disability, or injury of ▇▇▇▇▇ harmless from damage Contractor's officers, agents, servants or injuries of whatever nature or kind to persons or property employees arising directly or indirectly out of performance of the Contractor’s services herein undertaken;
II. Employer's Liability Insurance with limits of not less than $500,000 each accident, $500,000 policy limit for disease, and $500,000 each employee for disease;
III. Commercial General Liability Insurance with a combined single limit of not less than $2,000,000 per occurrence for injury to or death of persons and damage to or loss or destruction of property. Such policy shall be endorsed to provide products and completed operations coverage and arising from acts contractual liability coverage for liability assumed under this Agreement. The contractual liability coverage shall be of a form that does not deny coverage for operations conducted within fifty (50) feet of any railroad hazard. In addition, said policy or omissions of policies shall be endorsed to name TDIS and its employees parent(s), subsidiaries and affiliates as additional insureds, and shall indemnifyinclude a severability of interests provision;
IV. Trucker's Liability Insurance with a combined single limit of not less then $2,000,000 each occurrence for injury to or death of persons and damage to or loss or destruction of property. Such policy shall be endorsed to provide Form MCS-90 coverage as presently prescribed by the Federal Motor Carrier Safety Administration and shall meet all insurance requirements of the Motor Carrier Act of 1980, defendas amended from time to time, save harmless the City and/or any other governmental regulation requiring insurance of motor carriers as a prerequisite for operating authority, as such Act or other regulation shall be implemented from time to time by any duly authorized government agency, regardless of whether such requirements would otherwise have applied to Contractor. Said policy or policies shall also be endorsed to name TDIS and its parent(s), subsidiaries, and affiliates as additional insureds, and shall include a severability of interests provision.
V. Insurance covering damage to lading or cargo with limits of not less than $250,000 for freight in each trailer. Contractor shall furnish certificates of insurance to TDIS, ▇ ▇▇▇▇▇▇ from any penalties for violation of any law▇▇▇▇▇▇, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇ ▇ ▇▇▇▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇ ▇▇. THE POLICY SHALL LIST THE CITY OF , ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇, ▇▇▇▇▇ prior Attn: Director of Operations, certifying the existence of such insurance. Each insurance policy required by this clause shall be endorsed to the issuance state that thirty (30) days advance written notice will be given to TDIS of any Work Ordermaterial change in, or cancellation of such insurance. If Contractor uses "owner operators" or Subcontractors, Contractor will assure the same insurance coverage is extended to cover any and all operations by said owner operators or Subcontractors. The furnishings by Contractor of the above insurance, and acceptance of same by TDIS, is not intended, to, and shall not, limit, affect or modify the contractual obligations of Contractor under any provision of this Agreement. The existence of insurance obtained by TDIS covering any part or all of the operations covered by this Agreement shall not limit, affect, or modify the obligations of Contractor under any provision of this Agreement. The insurance coverage required herein shall in no way limit the Contractor's liability under this Agreement.
Appears in 1 contract
Sources: Trucking Service Agreement
Insurance Requirements. The Contractor assumes all risks incident to 9.1 Tenant shall, at its expense, maintain or in connection with its purpose cause to be conducted herein maintained (1) “All Risks” property policy, in an amount not less than the full replacement value (as from time to time reasonably determined by Landlord and Tenant) of the Building, with coverage (in addition to the standard coverage afforded by such insurance) for theft, vandalism, malicious mischief and boiler explosion; provided, however, that Tenant shall not be required to maintain special flood hazard or earthquake insurance with respect to the Premises or reimburse Landlord for such insurance, (2) Commercial General Liability insurance in respect of the Premises, protecting Landlord and Tenant, with limits of not less than $2,000,000 per occurrence for bodily injury and property damage and $5,000,000 in excess liability coverage, with a duty to defend against claims of bodily injury, personal injury and property damage arising out of Tenant’s operations, assumed liabilities, or use of the Building, including contractual liability coverage for the performance by Tenant of the indemnity agreements set forth in this Lease, and (3) All Risk Property/Business Interruption Insurance, written at replacement cost value and with a replacement cost endorsement covering all of Tenant’s Property and any Alterations made by Tenant, in either case to the extent insurable under the available standard forms of “all-risk” or “Special Causes of Loss” insurance policies, in an amount equal to one hundred percent (100%) of the replacement value thereof (subject, however, at Tenant’s option, to whatever deductible Tenant then maintains).
9.2 If Tenant fails to maintain the insurance required to be maintained by Tenant hereunder, then, subject to the provisions of Article 20, Landlord may obtain same at commercially reasonable rates and shall indemnify, defend and save the City of ▇▇b▇▇▇ harmless from damage Tenant therefor (which Tenant shall pay within thirty (30) days thereof), but Landlord shall have no obligation to (i) insure the Building or injuries of whatever nature Tenant’s Property or kind to persons (ii) repair, restore, or property arising directly or indirectly out replace any of the ContractorBuilding, Tenant’s operations furniture, furnishings, equipment or other personal property or the value of any improvements made to the Premises by Tenant. The policy of insurance to be maintained by Tenant under subclause (2) of Section 9.1 shall name the Landlord and arising any Superior Mortgagee (of which Landlord has provided notice to Tenant) as an additional insured, and the policy or policies of insurance to be maintained by Tenant under subclause (1) shall include an appropriate endorsement reasonably acceptable to Landlord acknowledging Landlord’s interest in the Premises and in the proceeds of such insurance as provided hereunder. The Commercial General Liability policy of insurance shall contain a standard severability of interest clause.
9.3 The policies of insurance to be maintained by Tenant shall be issued by a company or companies of recognized responsibility and rated in Best’s Insurance Guide, or any successor thereto, as having a general policyholder rating of A- and a financial rating of at least VIII (it being understood that if such ratings are no longer issued, then such insurer’s financial integrity shall conform to the standards that constitute such ratings from acts or omissions Best’s Insurance Guide as of its employees the date hereof). Tenant shall procure and pay for renewals of such insurance to be maintained by it from time to time before the expiration thereof, and shall indemnify, defend, save harmless deliver to Landlord certificates of insurance upon the City execution of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application this Lease and when such policies are renewed. All such policies and certificates shall endeavor to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability provide Landlord with not less than thirty (if applicable30) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice of any material reduction in coverage, termination or cancellation (ten (10) days for non-payment of premium) of such policies.
9.4 Each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the City extent permitted by law, Landlord and Tenant each hereby releases and waives all right of ▇▇▇▇▇recovery against the other or anyone claiming through or under each of them by way of subrogation or otherwise. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates Each party shall obtain a waiver of Insurance subrogation from its insurance carriers with respect to the preceding sentence.
9.5 All proceeds from any insurance coverages maintained by Tenant under this Article 9 (other than from commercial general liability insurance, if any) shall be delivered payable solely to Landlord and released to Tenant only in compliance with the City of ▇▇▇▇▇ prior to the issuance terms of any Work OrderSuperior Mortgage.
9.6 All insurance policies required to be carried hereunder shall be maintained with solvent insurance companies of recognized standing and licensed to do business in the State in which the Premises are located.
Appears in 1 contract
Sources: Lease Agreement (Rae Systems Inc)
Insurance Requirements. The Contractor assumes shall not commence Work until the County has approved all risks incident to or in connection with its purpose to be conducted herein the insurance required under and this Contract as detailed below. Additionally, the Contractor shall indemnify, defend indemnify and save harmless the City County, from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of ▇▇▇▇▇ harmless from damage every kind or injuries nature, brought or recovered against the County, by reason of whatever nature any act or kind to persons or property arising directly or indirectly out omission of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees, in the performance of the Contract. In The Contractor shall not permit any subcontractor to commence any work under this connection, Contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the County. The Contractor shall furnish the County with certificates of each insurance policy insuring the Contractor or any subcontractor permitted under this Contract. All liability coverage shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, be on a primary and non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished contributory basis with a certificate waiver of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to subrogation naming the City County of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED▇, its officers, agents and employees as an additional insured. Certificates All certificates and insurance policies shall bear the policy numbers, the expiration date of Insurance the policy and the limits of liability thereunder. Both the certificates and the policies shall be delivered endorsed to provide the City County with any notice of ▇▇▇▇▇ cancellation at least 30 days prior to the issuance actual date of such cancellation. Failure to maintain insurance during the term of the Contract shall be grounds for termination for default.
(a) Commercial General Liability coverage, on a per project and per location basis, for bodily injury and property damage, including death with limits of at least $5,000,000.00 per occurrence;
(b) Commercial Automobile Liability with a combined single limit of at least $1,000,000.00 per occurrence;
(c) Environmental Impairment Liability covering Contractor’s operations with limits of at least $5,000,000.00 per occurrence;
(d) Excess or Umbrella Liability coverage with limits of at least $20,000,000.00;
(e) Workers' Compensation Insurance as required under New York Law;
(f) Disability Benefits Insurance as required under New York Law. Proof of Workers’ Compensation and Disability Benefits Insurance must be submitted to the County as required under New York Law. The Contractor shall take out and maintain said insurance for all its employees working on the job, and in case of any of the Work Orderbeing sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation and Disability Benefits Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by the Contractor. Any accident shall be reported to the County as soon as possible and not later than twenty- four (24) hours from the time of such accident. A detailed written report must be submitted to the County as soon thereafter as possible and not later than three (3) days after the date of such accident.
Appears in 1 contract
Sources: Transfer Station Operations and Solid Waste Transport Contract
Insurance Requirements. The Contractor assumes a. At all risks incident times during the Term of this Agreement and for a period of two (2) years after termination of this Agreement for any coverage maintained on a "claims-made" or "occurrence" basis, Customer and/or its carrier (if applicable) shall maintain at their expense the below listed insurance in the amounts specified below which are minimum requirements. Customer shall require that carrier cause all of its contractors providing authorized drivers or authorized vehicles, to or carry such insurance, and Customer shall be liable to TGP for their failure to do so. Such insurance shall provide coverage to TGP and such policies, other than Worker's Compensation Insurance, shall include TGP as an Additional Insured. Each policy shall provide that it is primary to and not contributory with any other insurance, including any self insured retention, maintained by TGP (which shall be excess) and each policy shall provide the full coverage required by this Agreement. All such insurance shall be written with carriers and underwriters reasonably acceptable to TGP, and eligible to do business in connection with its purpose to be conducted herein under the states where the Terminals are located and shall indemnifyhaving and maintaining an A.M. Best financial strength rating of no less than "A-" and financial size rating no less than "VII", defend and save provided that Customer and/or the City of ▇▇▇▇▇ harmless carrier may procure worker's compensation insurance from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out the state fund of the Contractor’s operations state where the Terminal(s) are located. All limits listed below are required MINIMUM LIMITS:
(i) Workers Compensation and arising from acts Occupational Disease Insurance which fully complies with Applicable Law of the state where each Terminal is located, in limits not less than statutory requirements;
(ii) Employers Liability Insurance with a minimum limit of $1,000,000 for each accident, covering injury or omissions death to any employee which may be outside the scope of its employees the worker's compensation statute of the jurisdiction in which the worker's service is performed, and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: aggregate as respects occupational disease;
(iii) Commercial General Liability Insurance, including contractual liability insurance covering carrier's indemnity obligations under this Agreement, with minimum limits of $1,000,000 Each Occurrence $1,000,000 General Aggregate Must combined single limit per occurrence for bodily injury and property damage liability, or such higher limits as may be reasonably required by TGP or by Applicable Law from time to time. This policy shall include Broad Form Contractual Liability insurance coverage for blanket contractual liability for which shall specifically apply to the obligations assumed under contract Comprehensive in this Agreement by Customer;
(iv) Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to Insurance covering all owned, non-ownedowned and hired vehicles, leasedwith minimum limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, hired or borrowed vehicles such higher limit(s) as may be required by Customer or by Applicable Law from time to time. Coverage must assure compliance with Sections 29 and must include coverage for blanket contractual 30 of the Motor Carrier Act of 1980 and all applicable rules and regulations of the Federal Highway Administration's Bureau of Motor Carrier Safety and Interstate Commerce Commissioner (Form MCS 90 Endorsement). Limits of liability for this insurance must be in accordance with the obligations assumed financial responsibility requirement of the Motor Carrier Act, but not less than $1,000,000 per occurrence;
(v) Excess (Umbrella) Liability Insurance with limits not less than $4,000,000 per occurrence. Additional excess limits may be utilized to supplement inadequate limits in the primary policies required in items (ii), (iii), and (iv) above;
(vi) Pollution Legal Liability with limits not less than $25,000,000 per loss with an annual aggregate of $25,000,000. Coverage shall apply to bodily injury and property damage including loss of use of damaged property and property that has not been physically injured; clean-up costs, defense, including costs and expenses incurred in the investigation, defense or settlement of claim; and
(vii) Property Insurance, with a limit of no less than $1,000,000, which property insurance shall be first-party property insurance to adequately cover Customer's owned property; including personal property of others.
b. All such policies must be endorsed with a Waiver of Subrogation endorsement, effectively waiving rights of recovery under contract Workers’ Compensation Statutory Limits subrogation or otherwise, against TGP, and shall contain where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, a severability of interest clause and a standard cross liability clause.
c. Upon execution of this Agreement and prior to the operation of any equipment by Customer, carrier or its authorized drivers at the Receipt Locations, Customer and/or carrier will furnish to TGP, and at least annually thereafter (or at any other times upon request by TGP) during the Term of this Agreement (and for any coverage maintained on a "claims-made" basis, for Federal Employers’ Liability Acttwo (2) years after the termination of this Agreement), if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyinsurance certificates and/or certified copies of the original policies to evidence the insurance required herein, which follows formincluding on behalf of carrier's contractors providing authorized vehicles or authorized drivers. Such certificates shall be in the form of the "Accord" Certificate of Insurance, may and reflect that they are for the benefit of TGP and shall provide that there will be used to obtain no material change in or cancellation of the aforementioned limits Professional Liability policies unless TGP is given at least thirty (if applicable30) $1,000,000 Each Claim $2,000,000 General Aggregate The City days prior written notice. Certificates providing evidence of ▇▇▇▇▇ renewal of coverage shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days to TGP prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance policy expiration.
d. Customer and/or carrier shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of solely responsible for any Work Orderdeductibles or self-insured retention.
Appears in 1 contract
Sources: Terminal Services Agreement (Andeavor Logistics Lp)
Insurance Requirements. The Contractor assumes all risks incident agrees to purchase from a company lawfully authorized to do business in the State of Indiana, with a rating of no lower than (A-) by AM Best rating or in connection with its purpose to other rating services. The insurance must be conducted herein under and shall indemnify, defend and save maintained without interruption from the City date of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out commencement of the Contractor’s operations and arising from acts 's work. The Contractor will not permit any Subcontractor to commence work on this project until the same insurance requirements have been complied with by each Subcontractor. The following is the minimum limits of coverage acceptable: WORKERS COMPENSATION $100,000 Each Accident $500,000 Disease Policy Limit $500,000 Disease Each Employee If Workers Compensation is not required, as Contractor is operating as an sole proprietor, partnership, or omissions member of its employees and shall indemnifya LLC, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting Contractor will provide a validated "Waiver" from the carelessnessState of Indiana. AUTOMOBILE $1,000,000 Combined Single Limit. Covered autos include owned, negligence or improper conduct of Contractor or any of its agents or employeeshired and non- owned. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability COMMERCIAL GENERAL LIABILITY $1,000,000 Each Occurrence $1,000,000 General Personal and Advertising Injury $2,000,000 Products and Completed Operations Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ Contractor's insurance shall be furnished with a certificate of insurancePRIMARY and NON-CONTRIBUTORY (including, which shall provide that but not limited to contribution by equal shares) basis to the Owner. The Contractor's policy will be amended to reflect this requirement. Indemnity: Included in such insurance will be contractual coverage sufficiently broad to insure the provisions of Section 4, Article 6. UMBRELLA $1,000,000 Each Occurence $2,000,000 Aggregate RAILROAD PROTECTIVE INSURANCE If applicable, before commencement of work under or across a railroad, the Contractor shall obtain, at his own cost, Railroad Protective Insurance in accordance with the requirements of the specified railroad. BUILDER'S RISK "ALL RISK" INSURANCE If the project includes construction of a building, before commencement of the work, the Contractor shall submit written evidence that he has obtained, for the period of the Contract, Builders' Risk "All-Risk" Completed Value Insurance coverage, including Flood and Earthquake, upon the entire project which is the subject of this Contract and including completed work and work in progress. Such insurance shall include as Additional Named Insureds: The Owner and the Engineer and each of their employees and agents; and any other persons with an insurable interest designated by the Owner as an Additional Named Insured. If such insurance has a deductible clause, the amount deductible shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderexceed $250.00.
Appears in 1 contract
Sources: Construction Contract
Insurance Requirements. The Contractor assumes Throughout the life of this Agreement, USER shall pay for and maintain in full force and effect all risks incident insurance as required in Exhibit D or as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. However, the insurance limits available to or in connection with CITY, its purpose to officers, officials, employees, agents, and volunteers, as additional insureds, shall be conducted herein under and shall indemnify, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out greater of the Contractor’s operations and arising from acts minimum limits specified therein or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation full limit of any lawinsurance proceeds to the named insured. If at any time during the life of the Agreement or any extension, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor USER or any of its agents subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve USER of its responsibilities under this Agreement. The fact that insurance is obtained by USER shall not be deemed to release or employeesdiminish the liability of USER, including, without limitation, liability under the indemnity provisions of this Agreement. In this connection, the Contractor The duty to indemnify CITY shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend apply to all ownedclaims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by USER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of USER, nonits principals, officers, agents, employees, persons under the supervision of USER, vendors, suppliers, invitees, USERs, sub-ownedUSERs, leasedsubcontractors, hired or borrowed vehicles anyone employed directly or indirectly by any of them. Upon request of CITY, USER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and must include coverage for blanket contractual liability for correct copy of the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are original policy. This requirement shall survive expiration or termination of this Agreement. If USER should subcontract all or any portion of the services to be performed Must include coverage for Longshoremen’s under this Agreement, USER shall require each subcontractor to provide insurance protection in favor of CITY and Harbor Workers’ Compensationeach of its officers, if applicableofficials, employees, agents and coverage for Federal Employers’ Liability Actvolunteers in accordance with the terms of this section, if except that any required certificates and applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ endorsements shall be furnished on file with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE USER and CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance commencement of any Work Orderservices by the subcontractor. If USER should rent the Center, USER shall require each renter to provide insurance protection in favor of CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with USER and CITY two (2) weeks prior to the date(s) of the rental.
Appears in 1 contract
Sources: Operational Services Agreement
Insurance Requirements. The Contractor assumes all risks incident Without limiting Consultant’s duties of defense and indemnification:
A. Consultant and any subcontractor shall carry Commercial General Liability Insurance, and other coverage necessary to protect County and the public, with limits of $2 million per occurrence or claim. Such coverage shall:
1. Be equivalent to the current Insurance Services Office (ISO) form CG 00 01, assuring coverage for products and completed operations, property damage, bodily injury, and personal and advertising injury.
2. Include an endorsement, or an amendment to the policy of insurance, naming Shasta County, its elected officials, officers, employees, agents, and volunteers as additional insureds; the additional insureds coverage shall be equal to the current ISO forms CG 20 10 for on-going operations, and CG 20 37 for completed operations.
3. Apply separately to this project and location(s); in connection the event of a general aggregate limit, the general aggregate limit shall be twice the required per occurrence limit.
4. Contain, or be endorsed to contain, a “separation of insureds” clause which shall read: “Separation of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each suit insured against whom a claim is made or suit is brought.”
B. Consultant and any subcontractor shall carry Automobile Liability Insurance covering any auto, unless Consultant has no owned autos then covering at minimum hired and non-owned autos, with limits of $1 million per occurrence or claim. Such coverage shall:
1. Include, or be endorsed to contain, Additional Insured coverage in favor of Shasta County, its purpose elected officials, officers, employees, agents, and volunteers.
2. Include, or be endorsed to be conducted herein under contain, coverage for hazardous waste transportation, when appropriate to the work being performed.
C. Consultant and any subcontractor shall indemnifycarry statutorily required Workers' Compensation Insurance, defend and save Employer's Liability Insurance with limits of $1 million per occurrence or claim, to cover Consultant, subcontractor, Consultant's partner(s), subcontractor's partner(s), Consultant's employees, and subcontractor’(s’) employees, covering the City of ▇▇▇▇▇ harmless from damage full liability for compensation for injury to those employed by Consultant or injuries of whatever nature or kind to persons or property arising directly or indirectly out subcontractor. Consultant hereby certifies that Consultant is aware of the Contractor’s operations provisions of section 3700 of the Labor Code, which requires every employer to insure against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and arising from acts Consultant shall comply with such provisions before commencing the performance of the work or omissions the provision of its employees services pursuant to this agreement. [KEYBOARD <16>]
D. [For agreements with architects, engineers, surveyors, consultants, counselors, attorneys, accountants, information technology professionals, technical and shall indemnifyprofessional instructors, defendclinics, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any lawclinicians, ordinance or regulation affecting or having application to said operation or resulting from the carelessnessmedical providers, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionand other “professionals” providing services requiring professional knowledge, the Contractor add:] Consultant shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableErrors and Omissions) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insuranceInsurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice applicable to the City Consultant’s profession and the services/work being performed, with limits of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Ordernot less than $2 million per occurrence or claim, $2 million aggregate.
Appears in 1 contract
Sources: Personal Services Agreement
Insurance Requirements. A. Unless otherwise specified in this Agreement, the Owner shall, at its sole expense, maintain in effect at all times during the performance of the Work, insurance coverage with limits not less than those set forth below with insurers and under forms of policies set forth below. • Commercial General Liability coverage at least as broad as Insurance Services Office (ISO) Commercial General Liability Form with the following minimum limits and coverage: Each occurrence limit $1,000,000 Personal and Advertising Limit $1,000,000 General Aggregate Limit $2,000,000 Fire Damage Limit (Any One Fire) $50,000 Medical Expense Limit (Per Person) (self-insured) $5,000 • Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form with $1,000,000 minimum limits combined single limit per accident for bodily injury and property damage, provided on a “Any Auto” basis. • Worker’s Compensation as required by the State of Wisconsin and employer’sliability insurance with sufficient limits to meet underlying umbrella liability insurance requirements. • Umbrella Liability coverage at least as broad as the underlying Commercial General Liability, Automobile Liability and Employers Liability: Minimum limit each occurrence $2,000,000 Aggregate $2,000,000
B. Required Provisions – The Contractor assumes general liability, automobile liability and umbrella liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Appleton, and its officers, Council members, agents, employees and authorized volunteers must be named as additional insureds on all risks incident Owner liability policies. This does not apply to or in connection with its purpose Worker’s Compensation Policies.
2) For any claims related to this project, Owner’s insurance shall be conducted herein under and shall indemnify, defend and save primary insurance as respects the City of Appleton, its elected and appointed officials, officers, employees or authorized representatives or volunteers. Any insurance, self‐ insurance, or other coverage maintained by the City of Appleton, its elected and appointed officials, officers, employees, or authorized representatives or volunteers shall not contribute to it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Appleton, its elected and appointed officials, officers, employees or authorized representatives or volunteers.
4) Owner’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’sliability.
5) Such liability insurance shall indemnify the City of Appleton, its elected and appointed officials, officers, employees of authorized representatives or volunteers against loss from liability imposed by law upon, or assumed under contract by, Owner for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability.
6) The general liability policy shall cover bodily injury and property damage liability, owned and non‐owned equipment, blanket contractual liability, completed operations liability with a minimum of a 24‐month policy extension, explosion, collapse, underground excavation, and removal of lateral support, and shall not contain an exclusion for what is commonly referred to by the insurers as the “XCU” hazards.
7) All of the insurance shall be provided on policy forms and through companies satisfactory to the City of Appleton and shall have a minimum A.M. Best’s rating of A‐ VII.
C. Evidences of Insurance – Prior to execution of the agreement, Owner shall file with the City of Appleton a certificate of insurance (▇▇▇▇▇ harmless from damage Form 25‐S or injuries of whatever nature equivalent) signed by the insurer’s representative evidencing the coverage required by this agreement. Such evidence shall include an additional insured endorsement signed by the insurer’s representative. Such evidence shall also include confirmation that coverage includes or kind has been modified to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance of any Work Orderrequired provisions as detailed herein.
Appears in 1 contract
Sources: Confined Space Agreement
Insurance Requirements. The Contractor assumes Section 15.01. Tenant shall not do or permit to be done any act or thing upon the Premises which will invalidate or be in conflict with the Certificate of Occupancy for the Premises or the terms of any standard form of “all risk” property insurance policies covering the Building and the fixtures and property therein; and shall, at its own expense, comply with all rules, orders, regulations or requirements of the National Fire Protection Association and the Insurance Service Office of Pennsylvania or any other similar body having jurisdiction and shall not knowingly do or permit anything to be done in or upon the Premises or bring or keep anything therein or use the Premises in a manner which increases the rate of property insurance upon the Building or on the property or equipment located therein or cause any such policy or policies to be canceled.
Section 15.02. If any installation in or use of the Premises by Tenant increases the rate of “all risk” property insurance on the Building or on the property and equipment of Landlord or any other tenant or subtenant in the Building and such rate shall be higher than it otherwise would be, Tenant shall, within ten (10) days after being billed therefor, reimburse Landlord for that part of the fire insurance premiums thereafter paid by Landlord which shall have been charged because of such installation or use by Tenant, and such reimbursement shall be deemed Additional Rent.
Section 15.03. Tenant covenants and agrees to provide on or before the Commencement Date and to keep in force during the entire Term of this Lease: (a) commercial general liability insurance for the mutual benefit of Landlord and Tenant relating to the Premises and its appurtenances in an amount of not less than Five Million and 00/l00 Dollars ($5,000,000.00) in respect of personal injury or death and of not less than Five Million and 00/l00 Dollars ($5,000,000.00) in respect of property damage; and (b) “All Risk” property insurance covering all risks incident of physical loss, in an amount adequate to cover the cost of replacement of all fixtures, equipment, decoration, contents and personal property therein, provided, that upon satisfactory evidence of financial worth of at least $100,000,000, Tenant shall have the ability to self-insure such risks; and (c) if there is a boiler or air-conditioning equipment in, on, adjoining or beneath the Premises for the sole benefit of Tenant, broad form, boiler or machine insurance in connection with its purpose the amount of Two Hundred Fifty Thousand and 00/l00 Dollars ($250,000.00). All such insurance shall name Landlord, Building Manager and Landlord’s mortgagee (“Landlord Insured Entities”) as additional insureds as their respective interests may appear and contain a stipulation that it is Tenant’s primary insurance. Tenant agrees to deliver to Landlord at least fifteen (15) days prior to the time such insurance is first required to be conducted herein under carried by Tenant, and shall indemnify, defend and save thereafter at least fifteen (15) days prior to the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation expiration of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability such policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with either a duplicate original or a certificate of insuranceinsurance procured by Tenant evidencing compliance with its obligations hereunder, which together with evidence of payment therefor. Landlord agrees that it shall provide that carry insurance on the Building sufficient to replace the Building, including the Premises. All of the aforesaid insurance shall be written by one or more responsible insurance companies satisfactory to Landlord and shall contain endorsements that: (i) such insurance shall may not be changed canceled or canceled, without ten amended with respect to Landlord and the other Landlord Insured Entities except upon thirty (30) days prior written notice to Landlord from the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance insurer; and (ii) Tenant shall be delivered solely responsible for payment of premiums for such insurance. If Tenant fails to furnish such insurance, Landlord may obtain such insurance and the premiums shall be paid by Tenant as Additional Rent within ten (10) days after being billed therefor.
Section 15.04. Notwithstanding anything to the City of ▇▇▇▇▇ prior contrary contained in this Lease, if either party suffers an injury (such injured party being referred to herein as the “Injured Party”), the Injured Party waives claims arising in any manner in its favor and against the other party and the other party’s directors, officers, employees, shareholders and agents for loss or damage to the issuance Injured Party’s property located within or constituting a part or all of any Work Orderthe Building, but only to the extent the loss or damage is capable of being insured against by “All Risk” form insurance coverage, whether carried or not. This waiver does not apply to claims caused by a party’s willful misconduct. The property insurance policies carried by Landlord and Tenant shall contain a waiver of subrogation clause consistent with this Section 15.04.
Appears in 1 contract
Sources: Lease Agreement (Ariba Inc)
Insurance Requirements. The For all of the Services set forth herein, and as hereinafter amended, Contractor assumes all risks incident to shall maintain, or in connection with its purpose cause to be conducted herein under maintained, in full force and effect during the term of this Agreement, at its expense, Worker's Compensation insurance, liability insurance covering personal injury and property damage, and other insurance, with stated minimum coverage, all as listed below. Such policies are to be in the broadest form available on usual commercial terms and shall indemnify, defend and save be written by insurers of recognized financial standing satisfactory to the City of ▇▇▇▇▇ harmless from damage or injuries of whatever COUNTY who has been fully informed as to the nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations Services to be performed. Except for Worker's Compensation and arising from acts professional liability, the COUNTY shall be an additional insured on all such policies with the understanding that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be the sole obligations of Contractor and not those of the COUNTY. Notwithstanding anything to the contrary in this Agreement, Contractor irrevocably waives all claims against the COUNTY for all losses, damages, claims or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or expenses resulting from risks commercially insurable under the carelessness, negligence insurance described in this Article 20. The provisions of insurance by consultant shall not in any way limit Contractor's liability under this Agreement. Worker's Compensation Statutory Employer's Liability or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability similar insurance $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive each occurrence Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedaggregate Bodily Injury, non-ownedProperty Damage $1,000,000 each occurrence Comprehensive general Liability, leasedincluding broad form $1,000,000 each occurrence contractual liability, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablebodily injury, and coverage for Federal Employers’ Liability Act, if applicable Employer’s property damage $1,000,000 aggregate Professional Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability aggregate (if applicableIf commercially available for your profession) $1,000,000 each claim Contractor shall attach to this Agreement - Certificates of Insurance evidencing the Contractor's compliance with these requirements. Each Claim $2,000,000 General Aggregate The City policy of ▇▇▇▇▇ insurance shall contain clauses to the effect that ( i ) Such insurance shall be furnished primary without right of contribution of any other insurance carried by or on behalf of the COUNTY with a certificate of insurancerespect to its interests, which shall provide that such insurance ( ii ) It shall not be changed or canceled, including without ten limitation, for non-payment of premium, or materially amended without fifteen (15) days prior written notice to the City COUNTY, directed to the COUNTY’S Risk Management Division and the Department Head, and the COUNTY shall have the option to pay any necessary premiums to keep such insurance in effect, and charge the cost back to Contractor. To the extent it is commercially available, each policy of insurance shall be provided on an “occurrence” basis. If any insurance is not so commercially available on an “occurrence” basis it shall be provided on a “claims made” basis, and all such “claims made” policies shall provide that: Policy retroactive dates coincide with or precede the Contractor's start of the performance of the Services (including subsequent policies purchased as renewals or replacements); Contractor will maintain similar insurance for at least six (6) years following final acceptance of the Services; If the insurance is terminated for any reason, Contractor agrees to purchase an unlimited extended reporting provision to report claims arising from the Services performed for the COUNTY; and Immediate notice shall be given to the COUNTY through the Department Head and the COUNTY’S Risk Management Division, of circumstances or incidents that might give rise to future claims with respect to the Services performed under this Agreement. From time to time as the year goes along, and your program is operational, you may uncover the need to make a possible Budget Modification. You may find that expenses have grown in one area, and that you believe you will have funds remaining in another line item, all while working toward fulfilling the scope of service of the contract. When you notice this, you need to be in discussion with your DSS Program Monitor. While working together you need to determine if a Budget Modification is in the best interest of all concerned. Should the Program Monitor support a Budget Modification, an e-mail explaining the need for and the numbers to be modified should be directed to ▇▇▇▇▇ ▇▇▇▇▇, Director of Program Integrity, and ▇▇▇▇ ▇▇▇▇▇▇, Fiscal Director. THE POLICY SHALL LIST THE CITY OF Please understand that this should be done during the year, and you should not be waiting until the final month of the contract to request this change. Personnel Instructions - All claims for personnel reimbursement must be requested within the two categories: (1) In-Direct (2) Direct Funds. The allowable expenditures and reimbursement for each category of personnel is mentioned below. Please make sure that all positions for which the Vendor is seeking reimbursement for are included in the Annual Budget. Additionally, please insure that every position for which reimbursement has been claimed is listed separately under the appropriate category with the name of person noted next to the job title. Example: Vice President 850 850 850 (▇▇▇▇ ▇▇▇▇▇) Quality Assurance Asst. (▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇) 550 550 550 Program Director 3,700 3,700 3,700 (▇▇▇ prior ▇▇▇▇) Case Manager 3,100 3,100 3,100 (▇▇▇▇ ▇▇▇▇) In-Direct Funds - All personnel costs for staff that are not involved in Direct Service to the issuance of any Work Orderyouth, individuals and/or families must be clearly identified as “In-Direct” personnel costs. This must include administrative positions that have no direct service contact with consumers, clerical, administrative support services, fiscal/accounting positions, human resources, personnel costs for information technology services, etc . . .
Appears in 1 contract
Sources: Contractual Budget Agreements
Insurance Requirements. Prior to commencing any work on the project, SUBCONTRACTOR shall obtain, maintain and pay for such Workers’ Compensation Insurance as may be required by the Prime Contract Documents or by statute, along with commercial general liability insurance and automobile liability insurance protecting SUBCONTRACTOR against claims for bodily injury or death or for damage to property occurring upon, in or about the project. The Contractor assumes all risks incident policy limits must be equal to those required by the Prime Contract Documents or those outlined in connection with its purpose to be conducted herein this Section, whichever is greater, and in either case, these limits do not represent the maximum extent of liability assumed. SUBCONTRACTOR shall also obtain, maintain and pay for such Installation Floater and Contractors Equipment Insurance that will protect the full value of work, materials, and equipment that is under SUBCONTRACTOR’s care, custody and control while performing the Work required by this Subcontract. Such coverage shall indemnifyinclude, defend but not limited to, fire, theft, vandalism, windstorm, flood, and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesother coverage included in all-risk insurance policies. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence 500,000 each accident Comprehensive General $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) each occurrence $2,000,000 products/completed operations Comprehensive Automobile $1,000,000 Each Claim each accident Liability Umbrella/Excess Liability $2,000,000 1,000,000 each occurrence SUBCONTRACTOR shall endorse its Commercial General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insuranceLiability, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice Automobile Liability and Umbrella/Excess Liability policies to the City of add ▇▇▇▇▇-It and the Prime party (Customer) as “additional insureds”. THE POLICY SHALL LIST THE CITY OF The certificate of insurance must provide 30 days written cancellation or modification of coverage. SUBCONTRACTOR agrees to provide proof of Worker’s Compensation Insurance up to Statutory Limits or coverage requested by ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED▇-It. Certificates of Insurance shall be delivered If SUBCONTRACTOR claims exemption from Worker’s Compensation coverage, then SUBCONTRACTOR agrees to the City of provide ▇▇▇▇▇-▇▇ prior a signed affidavit stating that the SUBCONTRACTOR is a sole proprietor, partner, or officer of the contracted business entity and has no employees. If the state in which SUBCONTRACTOR operates requires a state authorized exemption certificate, then SUBCONTRACTOR agrees to obtain the issuance state authorized certificate, as well as pay any fees required by that state during the application process. If SUBCONTRACTOR does not provide evidence of any Work Orderworker’s compensation exemption, then SUBCONTRACTOR agrees to have 10% of gross proceeds invoiced to ▇▇▇▇▇-It deducted to cover ▇▇▇▇▇-It’s Worker’s Compensation insurance requirements for SUBCONTRACTOR. ▇▇▇▇▇-It holds the right to withhold payment to SUBCONTRACTOR in the event of a failed jobsite inspection from ▇▇▇▇▇-It Field Managers (FM), Outside Plant Managers (OPM), Division Managers (DM), Directors, and/or Owners. In the event of SUBCONTRACTOR’s failing of quality standards, ▇▇▇▇▇-It will charge SUBCONTRACTOR at pre-determined rates equal to SUBCONTRACTOR’s hourly unit rates as declared within the Sub Pricing File in the CSA. Materials used will be billed to SUBCONTRACTOR as cost +30%. Construction repairs are to be fixed within 72 hours after locates are called. Splicing repairs are required to begin within 4 hours of notification to SUBCONTRACTOR. Non-conformance also includes total completion/ failure to complete a purchase order/job.
Appears in 1 contract
Sources: Master Subcontract Agreement
Insurance Requirements. a. Service Provider shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance:
(1) Commercial General Liability (including, without limitation, Contractual Liability, Personal Injury, Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001) with limits no less than one million dollars ($1,000,000) per Occurrence and two million dollars ($2,000,000) Aggregate for bodily injury, personal injury and property damage.
(a) The Contractor assumes all risks incident deductible or self-insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self-insured retention in writing.
(b) The Commercial General Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit A, Certificate of Insurance, attached hereto and incorporated herein).
(c) The coverage provided to the District, as an additional insured, shall be primary and any insurance or in connection with its purpose to self- insurance maintained by the District shall be conducted herein under excess of the Service Provider’s insurance and shall indemnify, defend and save not contribute to it.
(d) The Commercial General Liability policy shall be endorsed to include a waiver of transfer of rights of recovery against the City District (“Waiver of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Subrogation”).
(2) Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability (Owned, Scheduled, Non-Owned, or Hired Automobiles) written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than one million dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles 1,000,000) combined single limit per accident for bodily injury and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor property damage.
(3) Workers’ Compensation, if applicablestatutory limits, is required of the Service Provider and coverage all sub-consultants (or be a qualified self-insured) under the applicable laws and in accordance with “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Employer’s Liability, in an amount of not less than one million dollars ($1,000,000) each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. This policy shall be endorsed to include a waiver of subrogation endorsement, where permitted by law.
(4) Umbrella or Excess Liability insurance with limits no less than one million dollars ($1,000,000) per occurrence and aggregate. This policy must provide excess insurance over the same terms and conditions required above for Federal Employers’ the General Liability, Automobile Liability Act, if applicable and Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypolicies.
b. Service Provider shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in a form acceptable to the District, which follows forman exemplar Certificate of Insurance is attached as Exhibit A and made a part hereof, may be used to obtain evidencing the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City existence of ▇▇▇▇▇ the necessary insurance policies and endorsements required shall be furnished kept on file with a the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such policies must be endorsed so that the insurer(s) must notify the District in writing at least 30 days in advance of policy cancellation. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance.
c. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, which the addendum shall provide that such indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage.
d. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Service Provider or Service Provider’s sub-contractors or any tier of Service Provider’s sub-contractors. District shall not be changed or canceled, without ten days prior written notice reserve the right to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of ▇▇▇▇▇ prior to the issuance obtain complete copies of any Work Orderof the insurance policies required herein.
Appears in 1 contract
Insurance Requirements. The Contractor assumes following provisions shall apply to all risks incident insurance coverages required hereunder:
(a) The form and substance of all policies shall be subject to the approval of Landlord, which approval will not be unreasonably withheld, and, for so long as any of the Assumed Obligations remain outstanding, shall be in form and substance required under the Assumed Mortgage.
(b) The carriers of all policies shall have a Best’s Rating of “A-” or in connection with its purpose to be conducted herein under better and a Best’s Financial Category of VII or higher and shall indemnifybe authorized to do insurance business in the Facility State, defend and save the City of ▇▇▇▇▇ harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out and, for so long as any of the Contractor’s operations Assumed Obligations remain outstanding, shall meet the requirements otherwise required by Lender.
(c) Tenant shall be the “named insured” and arising from Landlord and, for so long as any of the Assumed Obligations remain outstanding, Lender shall each be an “additional insured” on each policy.
(d) Tenant shall deliver to Landlord certificates or policies showing the required coverages and endorsements. The policies of insurance shall provide that the policy may not be canceled or not renewed, and no material change or reduction in coverage may be made, without at least 30 days’ prior written notice to Landlord and, if required by the Assumed Obligations, Lender.
(e) The policies shall contain a severability of interest and/or cross-liability endorsement, provide that the acts or omissions of its employees and shall indemnify, defend, save harmless Tenant or Landlord will not invalidate the City coverage of ▇▇▇▇▇ from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableother party, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of ▇▇▇▇▇ shall be furnished with a certificate of insurance, which shall provide that such insurance Landlord shall not be changed or canceledresponsible for payment of premiums.
(f) All loss adjustment shall require the written consent of Landlord and Tenant, without ten days prior written notice as their interests may appear and, for so long as any of the Assumed Obligations remain outstanding, shall be subject to the City of ▇▇▇▇▇. THE POLICY SHALL LIST THE CITY OF ▇▇▇▇▇ AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to restrictions set forth in the City of ▇▇▇▇▇ Assumed Mortgage.
(g) At least 30 days prior to the issuance expiration of each insurance policy, Tenant shall deliver to Landlord and, for so long as any Work Orderof the Assumed Obligations remain outstanding, Lender, a certificate showing renewal of such policy and payment of the annual premium therefor and a current Certificate of Compliance (in the form delivered at the time of Closing) completed and signed by Tenant’s insurance agent.
(h) Tenant recognizes, acknowledges and agrees that the insurance requirements imposed under the Assumed Mortgage may be greater than the requirements in this Lease and that, to the extent such requirements are greater, Tenant shall comply with the requirements under the Assumed Mortgage.
Appears in 1 contract
Sources: Master Lease Agreement (Capital Senior Living Corp)