Common use of Not Required Clause in Contracts

Not Required. If the Contractor or its Subcontractors use floating equipment, barges or floats, or performs marine-related construction, the Contractor and as applicable, its Subcontractors, shall purchase and maintain additional insurance of the following types and in the following amounts in connection with the performance of the Contract Work: U.S. Harbor Workers' Long Shoremens’ Marine Protection and If the Project is adjacent to or includes an existing railroad or subway line, the Contractor, or its Subcontractors, shall purchase and maintain the following insurance in the following amounts in connection with the performance of the Contract Work by the Contractor and its Subcontractors, and any work incidental thereto: applicable to the policy not less than $6,000,000 in the aggregate If the Contractor or any of its Subcontractors is performing asbestos or other toxic or hazardous materials remediation, removal, abatement, storage or disposal work including, without limitation, related demolition work, the Contractor or its Subcontractors shall purchase and maintain additional insurance of the following types and in the following amounts in connection with the performance of the Contract Work and any work incidental thereto: Contractor Pollution Liability (“CPL”) Policy and, as applicable, Asbestos Abatement Liability Policy, Lead Abatement Contractors Liability Policy, Stop Loss Policy, Professional Services Policy, Pollution Legal Liability (“PLL”) Policy, Transportation Coverage and Non-Owned Disposal Site Coverage: $5,000,000 combined single limit per occurrence for bodily injury or death, and property damage, but if an annual aggregate is applicable to the policy not less than $5,000,000 in the aggregate per year dedicated to this Project, on an “occurrence” basis, with a term of not less than ten (10) years Such CPL and PLL policies shall be for a term of not less than ten (10) years, on an “occurrence” basis, and any aggregate applicable to such policies shall be dedicated to this Project. In addition, such policies shall include, without limitation, and as applicable, (a) bodily injury and defense coverage for asbestos and lead; (b) coverage for unknown UST’s; (c) a definition of “property damage” that includes diminution in value of third-party properties; (d) a statement that such insurance is primary and over any surety contracts or bonds covering the Services; (e) a statement that the insured’s rights will not be prejudiced if there is a failure to give notice due to the insured’s belief that the occurrence was not covered; (f) coverage for products brought onto the work site where Services are being performed; (g) a definition of “stop loss” or “cleanup cost cap” that includes monitoring activities; (h) a definition of “cleanup costs” that includes any costs associated with natural resources damages; and (i) a statement that exclusions for modifications of remedial action plans (“RAP”) shall not include changes required by regulatory agencies (either via a change in regulations or as a result of governmental entity oversight, increased levels or quantities of pollutants within the boundary of the RAP, discovery of pollutants not identified in the exclusion, and amendments to the RAP because of a change in technological approach). If the Contractor or any of its Subcontractors is performing professional services in its capacity as a professional, including as may be evidenced by a license to practice that profession, the Contractor or its Subcontractors shall purchase and maintain additional insurance of the following type and in the following amount in connection with the performance of the Contract Work and any work incidental thereto: (“E & O”) insurance policies shall be written with a minimum amount of $1,000,000 per claim and $2,000,000 in the aggregate. If the Contractor cancels its PL or E & O policy during, or lets its PL or E & O policy coverage lapse after, the policy period in which the term for services under the Contractor Contract ends, the Contractor must obtain tail coverage, or an extended reporting period endorsement, that extends coverage of the professional liability insurance for a period of at least three years To be provided by Owner PART III – APPENDICES APPENDIX B

Not Required. If the Contractor or its Subcontractors use floating equipment, barges or floats, or performs marine-related construction, the Contractor and as applicable, its Subcontractors, shall purchase and maintain additional insurance of the following types and in the following amounts in connection with the performance of the Contract Work: U.S. Harbor Workers' Long Shoremens’ Marine Protection and If the Project is adjacent to or includes an existing railroad or subway line, the Contractor, or its Subcontractors, shall purchase and maintain the following insurance in the following amounts in connection with the performance of the Contract Work by the Contractor and its Subcontractors, and any work incidental thereto: applicable to the policy not less than $6,000,000 in the aggregate If the Contractor or any of its Subcontractors is performing asbestos or other toxic or hazardous materials remediation, removal, abatement, storage or disposal work including, without limitation, related demolition work, the Contractor or its Subcontractors shall purchase and maintain additional insurance of the following types and in the following amounts in connection with the performance of the Contract Work and any work incidental thereto: Contractor Pollution Liability (“CPL”) Policy and, as applicable, Asbestos Abatement Liability Policy, Lead Abatement Contractors Liability Policy, Stop Loss Policy, Professional Professiona Services Policy, Pollution Legal Liability (“PLL”) Policy, Transportation Coverage and Non-Owned Disposal Site Coverage: $5,000,000 combined single limit per occurrence for bodily injury or death, and property damage, but if an annual aggregate is applicable to the policy not less than $5,000,000 in the aggregate per year dedicated to this Project, on an “occurrence” basis, with a term of not less than ten (10) years Such CPL and PLL policies shall be for a term of not less than ten (10) years, on an “occurrence” basis, and any aggregate applicable to such policies shall be dedicated to this Project. In addition, such policies shall include, without limitation, and as applicable, (a) bodily injury and defense coverage for asbestos and lead; (b) coverage for unknown UST’s; (c) a definition of “property damage” that includes diminution in value of third-party properties; (d) a statement that such insurance is primary and over any surety contracts or bonds covering the Services; (e) a statement that the insured’s rights will not be prejudiced if there is a failure to give notice due to the insured’s belief that the occurrence was not covered; (f) coverage for products brought onto the work site where Services are being performed; (g) a definition of “stop loss” or “cleanup cost cap” that includes monitoring activities; (h) a definition of “cleanup costs” that includes any costs associated with natural resources damages; and (i) a statement that exclusions for modifications of remedial action plans (“RAP”) shall not include changes required by regulatory agencies (either via a change in regulations or as a result of governmental entity oversight, increased levels or quantities of pollutants within the boundary of the RAP, discovery of pollutants not identified in the exclusion, and amendments to the RAP because of a change in technological approach). If the Contractor or any of its Subcontractors is performing professional services in its capacity as a professional, including as may be evidenced by a license to practice that profession, the Contractor or its Subcontractors shall purchase and maintain additional insurance of the following type and in the following amount in connection with the performance of the Contract Work and any work incidental thereto: (“E & O”) insurance policies shall be written with a minimum amount of $1,000,000 per claim and $2,000,000 in the aggregate. If the Contractor cancels its PL or E & O policy during, or lets its PL or E & O policy coverage lapse after, the policy period in which the term for services under the Contractor Contract ends, the Contractor must obtain tail coverage, or an extended reporting period endorsement, that extends coverage of the professional liability insurance for a period of at least three years To be provided by Owner PART III – APPENDICES APPENDIX B