Common use of Required Coverages Clause in Contracts

Required Coverages. The Subcontractor shall maintain the required coverages at all times during the progress of the work with insurers licensed to do business in the state where the work is being performed and with a Best rating of A- VII or better. The Subcontractor, by its legal name on the Subcontract, shall be the named insured on each policy of insurance. (A) Worker’s Compensation and Employer’s Liability in accordance with the laws of all states exercising jurisdiction over the Subcontractor’s employees, including the state in which the work is being performed. Employer’s Liability Limit – Not less than $500,000/$500,000/$500,000 Subcontractor shall not utilize occupational accident or health insurance policies, or the equivalent, in lieu of mandatory Workers' Compensation Insurance, or otherwise attempt to opt out of the statutory Workers' Compensation system. (B) Commercial General Liability (CGL) written on ISO occurrence form CG 00 01or its equivalent, providing coverage for Premises and Operations, Products-Completed Operations, Independent Contractors, Personal and Advertising Injury, Blanket Contractual Liability, and Broad Form Property Damage (including coverage for Explosion, Collapse, and Underground Hazards). The General Aggregate Limit shall apply separately to each project or the policy may be endorsed to apply a separate aggregate limit to this Project. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured under ISO endorsements CG 20 10 10/01 (ongoing operations) and CG 20 37 10/01 (completed operations), or equivalent endorsements. These insurance coverages shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The Subcontractor's General Liability policy shall contain a Cross Liability or Severability of Interest clause. The Subcontractor shall maintain CGL coverage for itself and the additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and the additional insureds for at least eight (8) years after final acceptance of the Subcontractor’s work. General Aggregate – Not less than $2,000,000 per project Products-Completed Operations Aggregate – Not less than $2,000,000 Personal and Advertising Injury – Not less than $1,000,000 Each Occurrence –Not less than $1,000,000 (C) Business Automobile Liability, including liability arising out of any owned, leased, non-owned or hired automobile with limits of liability of not less than $1,000,000. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Automobile Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (D) Umbrella Liability in excess of and “following form” of the underlying Employer’s Liability, Commercial General Liability, and Business Automobile Liability with limits of not less than $1,000,000. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Umbrella Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (E) If the Subcontractor’s work involves any design/build, architectural, engineering, surveying, or other professional services, then Subcontractor shall maintain Professional/Errors and Omissions Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The required Professional/Errors and Omissions Liability Insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work. (F) If the Subcontractor’s work involves the removal, treatment, remediation, or use of hazardous or toxic substances or otherwise involves a potential pollution exposure, including but not limited to mold, fungus, asbestos, lead, and silica, then Subcontractor shall maintain Contractor’s Pollution Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured on the Pollution Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The required Contractor’s Pollution Liability insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work.

Appears in 4 contracts

Sources: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement

Required Coverages. The Subcontractor shall maintain the required coverages at all times during the progress of the work with insurers licensed to do business in the state where the work is being performed and with a Best rating of A- VII or better. The Subcontractor, by its legal name on the Subcontract, shall be the named insured on each policy of insurance. (A) Worker’s Compensation and Employer’s Liability in accordance with the laws of all states exercising jurisdiction over the Subcontractor’s employees, including the state in which the work is being performed. Employer’s Liability Limit – Not less than $500,000/$500,000/$500,000 Subcontractor shall not utilize occupational accident or health insurance policies, or the equivalent, in lieu of mandatory Workers' Compensation Insurance, or otherwise attempt to opt out of the statutory Workers' Compensation system. (B) Commercial General Liability (CGL) written on ISO occurrence form CG 00 01or its equivalent, providing coverage for Premises and Operations, Products-Completed Operations, Independent Contractors, Personal and Advertising Injury, Blanket Contractual Liability, and Broad Form Property Damage (including coverage for Explosion, Collapse, and Underground Hazards). The General Aggregate Limit shall apply separately to each project or the policy may be endorsed to apply a separate aggregate limit to this Project. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured under ISO endorsements CG 20 10 10/01 (ongoing operations) and CG 20 37 10/01 (completed operations), or equivalent endorsements. These insurance coverages shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The Subcontractor's General Liability policy shall contain a Cross Liability or Severability of Interest clause. The Subcontractor shall maintain CGL coverage for itself and the additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and the additional insureds for at least eight (8) years after final acceptance of the Subcontractor’s work. General Aggregate – Not less than $2,000,000 per project Products-Completed Operations Aggregate – Not less than $2,000,000 Personal and Advertising Injury – Not less than $1,000,000 Each Occurrence –Not less than $1,000,000 (C) Business Automobile Liability, including liability arising out of any owned, leased, non-owned or hired automobile with limits of liability of not less than $1,000,000. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Automobile Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (D) Umbrella Liability in excess of and “following form” of the underlying Employer’s Liability, Commercial General Liability, and Business Automobile Liability with limits of not less than $1,000,0001,000,000 EXCEPT a limit of not less than $5,000,000 is required if the Work involves any of the following: Asbestos/Lead/Mold Abatement, Blasting, Boiler Installation/Repair, Crane Assembly/Rental, Structural Demolition/Restoration, EIFS Installation, Fireproofing, Fire Suppression System Installation, Gas Main Construction/Repair, Structural Iron/Steel Erection, Pile Driving, Roofing, Scaffolding Erection/Installation/Rental, Tank Construction Installation/Removal/Repair - Water/Chemical/Oil/Below Ground, Tower Erection, Exterior Window/Door Installation/Repair. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Umbrella Liability policy. This insurance shall apply on a primary and non-non- contributory basis before any other insurance available to the additional insureds. (E) If the Subcontractor’s work involves any design/build, architectural, engineering, surveying, or other professional services, then Subcontractor shall maintain Professional/Errors and Omissions Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The required Professional/Errors and Omissions Liability Insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work. (F) If the Subcontractor’s work involves the removal, treatment, remediation, or use of hazardous or toxic substances or otherwise involves a potential pollution exposure, including but not limited to mold, fungus, asbestos, lead, and silica, then Subcontractor shall maintain Contractor’s Pollution Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured on the Pollution Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The required Contractor’s Pollution Liability insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work.

Appears in 2 contracts

Sources: Subcontract Agreement, Subcontract Agreement

Required Coverages. The Subcontractor shall maintain the required coverages at all times during the progress of the work with insurers licensed to do business in the state where the work is being performed and with a Best rating of A- VII or better. The Subcontractor, by its legal name on the Subcontract, shall be the named insured on each policy of insurance. (A) Worker’s Compensation and Employer’s Liability in accordance with the laws of all states exercising jurisdiction over the Subcontractor’s employees, including the state in which the work is being performed. Employer’s Liability Limit – Not less than $500,000/$500,000/$500,000 Subcontractor shall not utilize occupational accident or health insurance policies, or the equivalent, in lieu of mandatory Workers' Compensation Insurance, or otherwise attempt to opt out of the statutory Workers' Compensation system. (B) Commercial General Liability (CGL) written on ISO occurrence form CG 00 01or its equivalent, providing coverage for Premises and Operations, Products-Completed Operations, Independent Contractors, Personal and Advertising Injury, Blanket Contractual Liability, and Broad Form Property Damage (including coverage for Explosion, Collapse, and Underground Hazards). The General Aggregate Limit shall apply separately to each project or the policy may be endorsed to apply a separate aggregate limit to this Project. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured under ISO endorsements CG 20 10 10/01 (ongoing operations) and CG 20 37 10/01 (completed operations), or equivalent endorsements. These insurance coverages shall apply on a primary and non-non- contributory basis before any other insurance available to the additional insureds. The Subcontractor's General Liability policy shall contain a Cross Liability or Severability of Interest clause. The Subcontractor shall maintain CGL coverage for itself and the additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and the additional insureds for at least eight three (8) 3) years after final acceptance of the Subcontractor’s work. General Aggregate – Not less than $2,000,000 per project Products-Completed Operations Aggregate – Not less than $2,000,000 Personal and Advertising Injury – Not less than $1,000,000 Each Occurrence –Not less than $1,000,000 (C) Business Automobile Liability, including liability arising out of any owned, leased, non-owned or hired automobile with limits of liability of not less than $1,000,000. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Automobile Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (D) Umbrella Excess Liability in excess of and “following form” of the underlying Employer’s Liability, Commercial General Liability, and Business Automobile Liability with limits of not less than at least $1,000,000. The Contractor, All additional insureds on the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured CGL policy shall be included as additional insured insureds on the Umbrella Liability policy. This insurance coverage shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (E) If the Subcontractor’s work involves any design/build, architectural, engineering, surveying, or other professional services, then Subcontractor shall maintain Professional/Errors and Omissions Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The required Professional/Errors and Omissions Liability Insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work. (F) If the Subcontractor’s work involves the removal, treatment, remediation, or use of hazardous or toxic substances or otherwise involves a potential pollution exposure, including but not limited to mold, fungus, asbestos, lead, and silica, then Subcontractor shall maintain Contractor’s Pollution Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured on the Pollution Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The required Contractor’s Pollution Liability insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work.

Appears in 2 contracts

Sources: Subcontract Agreement, Subcontract Agreement

Required Coverages. The Subcontractor shall maintain the required coverages at all times during the progress of the work with insurers licensed to do business in the state where the work is being performed and with a Best rating of A- VII or better. The Subcontractor, by its legal name on the Subcontract, shall be the named insured on each policy of insurance. (A) Worker’s Compensation and Employer’s Liability in accordance with the laws of all states exercising jurisdiction over the Subcontractor’s employees, including the state in which the work is being performed. Employer’s Liability Limit – Not less than $500,000/$500,000/$500,000 Subcontractor shall not utilize occupational accident or health insurance policies, or the equivalent, in lieu of mandatory Workers' Compensation Insurance, or otherwise attempt to opt out of the statutory Workers' Compensation system. (B) Commercial General Liability (CGL) written on ISO occurrence form CG 00 01or its equivalent, providing coverage for Premises and Operations, Products-Completed Operations, Independent Contractors, Personal and Advertising Injury, Blanket Contractual Liability, and Broad Form Property Damage (including coverage for Explosion, Collapse, and Underground Hazards). The General Aggregate Limit shall apply separately to each project or the policy may be endorsed to apply a separate aggregate limit to this Project. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured under ISO endorsements CG 20 10 10/01 (ongoing operations) and CG 20 37 10/01 (completed operations), or equivalent endorsements. These insurance coverages shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The Subcontractor's General Liability policy shall contain a Cross Liability or Severability of Interest clause. The Subcontractor shall maintain CGL coverage for itself and the additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and the additional insureds for at least eight five (8) 5) years after final acceptance of the Subcontractor’s work. General Aggregate – Not less than $2,000,000 per project Products-Completed Operations Aggregate – Not less than $2,000,000 Personal and Advertising Injury – Not less than $1,000,000 Each Occurrence –Not less than $1,000,000 (C) Business Automobile Liability, including liability arising out of any owned, leased, non-owned or hired automobile with limits of liability of not less than $1,000,000. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Automobile Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (D) Umbrella Liability in excess of and “following form” of the underlying Employer’s Liability, Commercial General Liability, and Business Automobile Liability with limits of not less than $1,000,0001,000,000 EXCEPT a limit of not less than $5,000,000 is required if the Work involves any of the following: Asbestos/Lead/Mold Abatement, Blasting, Boiler Installation/Repair, Crane Assembly/Rental, Structural Demolition/Restoration, EIFS Installation, Fireproofing, Fire Suppression System Installation, Gas Main Construction/Repair, Structural Iron/Steel Erection, Pile Driving, Roofing, Scaffolding Erection/Installation/Rental, Tank Construction Installation/Removal/Repair - Water/Chemical/Oil/Below Ground, Tower Erection, Exterior Window/Door Installation/Repair. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Umbrella Liability policy. This insurance shall apply on a primary and non-non- contributory basis before any other insurance available to the additional insureds. (E) If the Subcontractor’s work involves any design/build, architectural, engineering, surveying, or other professional services, then Subcontractor shall maintain Professional/Errors and Omissions Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The required Professional/Errors and Omissions Liability Insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work. (F) If the Subcontractor’s work involves the removal, treatment, remediation, or use of hazardous or toxic substances or otherwise involves a potential pollution exposure, including but not limited to mold, fungus, asbestos, lead, and silica, then Subcontractor shall maintain Contractor’s Pollution Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured on the Pollution Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The required Contractor’s Pollution Liability insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight five (8) 5) years following the completion of the Subcontractor’s work.

Appears in 1 contract

Sources: Subcontract Agreement

Required Coverages. The Subcontractor shall maintain the required coverages at all times during the progress of the work with insurers licensed to do business in the state where the work is being performed and with a Best rating of A- VII or better. The Subcontractor, by its legal name on the Subcontract, shall be the named insured on each policy of insurance. (A) Worker’s Compensation and Employer’s Liability in accordance with the laws of all states exercising jurisdiction over the Subcontractor’s employees, including the state in which the work is being performed. Employer’s Liability Limit – Not less than $500,000/$500,000/$500,000 Subcontractor shall not utilize occupational accident or health insurance policies, or the equivalent, in lieu of mandatory Workers' Compensation Insurance, or otherwise attempt to opt out of the statutory Workers' Compensation system. (B) Commercial General Liability (CGL) written on ISO occurrence form CG 00 01or its equivalent, providing coverage for Premises and Operations, Products-Completed Operations, Independent Contractors, Personal and Advertising Injury, Blanket Contractual Liability, and Broad Form Property Damage (including coverage for Explosion, Collapse, and Underground Hazards). The General Aggregate Limit shall apply separately to each project or the policy may be endorsed to apply a separate aggregate limit to this Project. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured under ISO endorsements CG 20 10 10/01 (ongoing operations) and CG 20 37 10/01 (completed operations), or equivalent endorsements. These insurance coverages shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The Subcontractor's General Liability policy shall contain a Cross Liability or Severability of Interest clause. The Subcontractor shall maintain CGL coverage for itself and the additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and the additional insureds for at least eight five (8) 5) years after final acceptance of the Subcontractor’s work. General Aggregate – Not less than $2,000,000 per project Products-Completed Operations Aggregate – Not less than $2,000,000 Personal and Advertising Injury – Not less than $1,000,000 Each Occurrence –Not less than $1,000,000 (C) Business Automobile Liability, including liability arising out of any owned, leased, non-owned or hired automobile with limits of liability of not less than $1,000,000. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Automobile Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (D) Umbrella Liability in excess of and “following form” of the underlying Employer’s Liability, Commercial General Liability, and Business Automobile Liability with limits of not less than $1,000,0001,000,000 EXCEPT a limit of not less than $5,000,000 is required if the Work involves any of the following: Asbestos/Lead/Mold Abatement, Blasting, Boiler Installation/Repair, Crane Assembly/Rental, Structural Demolition/Restoration, EIFS Installation, Fireproofing, Fire Suppression System Installation, Gas Main Construction/Repair, Structural Iron/Steel Erection, Pile Driving, Roofing, Scaffolding Erection/Installation/Rental, Tank Construction Installation/Removal/Repair - Water/Chemical/Oil/Below Ground, Tower Erection, Exterior Window/Door Installation/Repair. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Umbrella Liability policy. This insurance shall apply on a primary and non-non- contributory basis before any other insurance available to the additional insureds. (E) If the Subcontractor’s work involves any design/build, architectural, engineering, surveying, or other professional services, then Subcontractor shall maintain Professional/Errors and Omissions Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The required Professional/Errors and Omissions Liability Insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work. (F) If the Subcontractor’s work involves the removal, treatment, remediation, or use of hazardous or toxic substances or otherwise involves a potential pollution exposure, including but not limited to mold, fungus, asbestos, lead, and silica, then Subcontractor shall maintain Contractor’s Pollution Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured on the Pollution Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The required Contractor’s Pollution Liability insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work.

Appears in 1 contract

Sources: Subcontract Agreement

Required Coverages. The Subcontractor shall During the Term of this Agreement, SitusAMC will procure, maintain and evidence, at its own expense, the following required coverages at all times during the progress insurance of the work following kinds and limits, with insurers licensed companies carrying a minimum A.M. Best Financial Strength Rating of A-VIII (Excellent, with a policyholder surplus of $100,000,000 to do business $250,000,000) or who are otherwise acceptable to Company, and permitted to insure risks in each jurisdiction where a claim or claims might arise. SitusAMC may carry, at its own expense, additional insurance as it deems necessary. (1) If SitusAMC will be performing or providing Deliverables within the U.S., Statutory Workers’ Compensation. If SitusAMC will be performing or providing Deliverables outside the U.S., compulsory social scheme or equivalent insurance policy, in accordance with applicable Law. In addition, Employer’s Liability Insurance with limits of not be less than $1,000,000 for any accident and including a waiver of subrogation against “▇.▇. ▇▇▇▇▇▇ Real Estate Income Trust, Inc. and its advisers, subsidiaries, agents, officers, directors and employees as their interest may appear.” If the SitusAMC is a sole proprietor and qualifies for exemption, SitusAMC will provide to Company evidence of exemption in the state where form of a certificate of exemption, affidavit of exemption or its equivalent received from the work is being performed and with a Best rating of A- VII or betterstate’s workers compensation agency. The Subcontractor, by its legal name on the Subcontract, shall required limit of liability may be the named insured on each policy satisfied through a combination of primary Employer’s Liability and Umbrella Liability insurance. (A2) Worker’s Compensation and Employer’s Liability in accordance with If SitusAMC will be performing or providing Deliverables within the laws of all states exercising jurisdiction over the Subcontractor’s employeesU.S., including the state in which the work is being performed. Employer’s Liability Limit – Not less than $500,000/$500,000/$500,000 Subcontractor shall not utilize occupational accident or health insurance policies, or the equivalent, in lieu of mandatory Workers' Compensation Insurance, or otherwise attempt to opt out of the statutory Workers' Compensation system. (B) Commercial General Liability (CGL) Insurance written on ISO occurrence form CG 00 01or its equivalent, 01 (or a substitute form providing coverage for Premises and Operations, Products-Completed Operations, Independent Contractors, Personal and Advertising Injury, Blanket Contractual Liability, and Broad Form Property Damage (including coverage for Explosion, Collapse, and Underground Hazardsequivalent coverage). The General Aggregate Limit shall apply separately to each project If SitusAMC will be performing or providing Deliverables outside the policy may be endorsed to apply a separate aggregate limit to this ProjectU.S., Public Liability Insurance or equivalent insurance policy. The ContractorCommercial General Liability Insurance or Public Liability Insurance will cover claims related to or arising from the Deliverables, the Owner, performance and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured under ISO endorsements CG 20 10 10/01 (ongoing operations) and CG 20 37 10/01 (completed operations), or equivalent endorsements. These insurance coverages shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The Subcontractor's General Liability policy shall contain a Cross Liability or Severability of Interest clause. The Subcontractor shall maintain CGL coverage for itself and the additional insureds for the duration provision of the Project Deliverables and maintain Completed Operations coverage for itself and the additional insureds for at least eight (8) years after final acceptance of the Subcontractor’s work. General Aggregate – Not less than $2,000,000 per project Products-Completed Operations Aggregate – Not less than $2,000,000 Personal and Advertising Injury – Not less than $1,000,000 Each Occurrence –Not less than $1,000,000 (C) Business Automobile Liabilityeverything incidental thereto, including liability arising out of any owned, leased, non-owned or hired automobile with limits of liability of not less than $1,000,000. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Automobile Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (D) Umbrella Liability in excess of and “following form” of the underlying Employer’s Liability, Commercial General Liability, and Business Automobile Liability with limits of not less than $1,000,0002,000,000 per occurrence, or in whatever higher amounts as mutually agreed, in writing, by the parties, and extended to cover: i. Contractual Liability, with defense provided in addition to policy limits for indemnitees of the named insured; ii. The ContractorIf any of the Deliverables are subcontracted, Independent Contractors Liability providing coverage in connection with the portion of the Deliverables which may be subcontracted; iii. Broad Form Property Damage Liability; iv. Products and Completed Operations; v. Personal and Advertising Injury Liability; and vi. Hired and Non-Ownership Automobile Liability, if not covered under Automobile Liability Insurance. If Deliverables are conducted within the U.S., the Ownerpolicy will include: (i) a waiver of subrogation against all parties names as additional insureds, (ii) a severability of interest provision and (iii) “▇.▇. ▇▇▇▇▇▇ Real Estate Income Trust, Inc., and any and all advisers, subsidiaries, directors, officers, employees, and agents as their interests may appear” as additional insured. If Deliverables are conducted outside of the U.S., the policy will include an indemnity to principals clause. The liability insurance required under this subsection (b) will be raised to not less than $5,000,000 per occurrence if SitusAMC’s provisions of the Deliverables, in the ordinary course, involves hazardous trades (e.g., mechanical, electrical, plumbing or construction services or trades requiring the use of heavy machinery). The required limit of liability may be satisfied through a combination of primary Commercial General Liability or Public Liability and Umbrella Liability insurance. (3) If automobiles or other party the Contractor is required vehicles are used in its contract connection with the Owner to name performance or provision of the Deliverables, Automobile Liability Insurance written on ISO occurrence form CA 00 01 (or a substitute form providing equivalent coverage) for any auto, including owned, hired, an non-owned automobiles and other vehicles, which bodily injury and property damage limits of not less than $2,000,000 each accident limit. If the Deliverables are conducted within the U.S., the policy will include “▇.▇. ▇▇▇▇▇▇ Real Estate Income Trust, Inc., and any and all advisers, subsidiaries, directors, officers, employees, and agents as their interests may appear” as additional insured shall be included and a waiver of subrogation against all parties named as additional insured insureds. The Automobile Liability Insurance required under this subsection (c) will be raised to not less than $5,000,000 each accident limit if SitusAMC’s performance or provision of the Deliverables, in the ordinary course, involves hazardous trades (e.g., mechanical, electrical, plumbing or construction services or trades requiring the use of heavy machinery). The required limit of liability may be satisfied through a combination or primary Automobile Liability and Umbrella Liability insurance. (4) If SitusAMC transports the property of Company or Company’s customer, All Risk Motor Truck Cargo Insurance or All Risk Transit and Premises Insurance with limits of not less than the replacement cost value, including reconstruction coverage in an amount of not less than $250,000, with no per item limit, covering property of Company or Company’s customers while on the Umbrella Liability policypremises of, in transit with or otherwise in the possession of SitusAMC Personnel. This policy will name Company as loss payee. (5) If SitusAMC will be performing or providing Deliverables on Company premises, have access to Company tangible property pr have control of or access to Company Systems, accounts, money, or securities, Commercial Blanket Bond or an equivalent insurance shall apply on policy covering all SitusAMC Personnel with a limit of not less than &10,000,000 per loss and including coverage for property of others in possession of SitusAMC Personnel. This policy will name Company as loss payee. (6) If SitusAMC holds, stores, stages, works upon or in any manner possesses personal property that is owned, held, or leased by, or the responsibility of Company or any of its customers, All Risk property damage insurance or Special Causes of Loss Form property insurance including coverage for loss caused by fire, flood, sprinkler leakage, windstorm, or earthquake in an amount equal to the replacement cost of that property. Flood insurance will be required only to the extent that the property is within an area designated as having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973 (42 U.S.C. 400I-4128) or any amendments or supplements thereto or substitutions therefore (collectively, the “National Flood Insurance Program”). The insurance carried in accordance with this subsection (f) will contain an endorsement that provides that Company will be named as a loss payee relative to any loss or damage to the property described in this subsection (f), and Company’s interest in any claim under SitusAMC’s insurance will be primary to and non-contributory basis before contributing with any interest of SitusAMC or any other insurance available to the additional insuredsparty included under SitusAMC’s insurance. (E7) If SitusAMC provides content, Media Errors & Omissions (or Media Liability) insurance, including coverage for loss or disclosure of electronic data, media and content rights infringement and liability, with limits of not less than $10,000,000 per occurrence. (8) If SitusAMC has, controls or otherwise has access to Confidential Information, Privacy and Network Security (sometimes otherwise known as Cyber Liability) coverage which includes providing protection against liability for (i) system attacks, (ii) denial or loss of service attacks, (iii) spread of malicious software code, (iv) unauthorized access and use of computer systems, (v) crisis management and customer notification expenses, (vi) privacy regulatory defense and penalties, and (vii) liability arising from the Subcontractor’s work involves loss or disclosure of confidential data, with coverage limits of not less than $5,000,000 policy aggregate limit with 1st Excess Cyber Liability coverage of $5,000,000 each claim and $5,000,000 policy aggregate limit, 2nd Excess Cyber Liability coverage of $10,000,000 policy aggregate limit. This policy will include “ ▇.▇. ▇▇▇▇▇▇ Real Estate Income Trust, Inc., and any design/buildand all advisers, architecturalsubsidiaries, engineeringdirectors, surveyingofficers, employees, and agents as their interests may appear” as an additional insured under third party liability sections which must include the Media content and the Security and Privacy Liability insurance agreement. This policy will not include “cross-liability” or “insured vs insured” exclusion provisions, or other professional servicessimilar provisions that would bar, then Subcontractor shall maintain Professionalrestrict, or preclude coverages for claims by Company. (9) Professional Liability/Errors and Omissions Liability Insurance with limits in the amount of liability not less than $1,000,00010,000,000 maximum aggregate – aggregate limit covering loss arising from claims alleging wrongful acts including errors or omissions committed by SitusAMC, its employees, or agents in the provision of or failure to render professional services. If this coverage the policy is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The required Professional/Errors and Omissions Liability Insurance shall coverage must remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) two years following the completion provision or performance of the Subcontractor’s workDeliverables. (F10) If Each policy of insurance set forth in items (6) and (7) above: (w) if it provides coverage for claims of liability or indemnity by SitusAMC, the Subcontractor’s work involves the removal, treatment, remediation, or use contract of hazardous or toxic substances or otherwise involves a potential pollution exposure, including but not limited to mold, fungus, asbestos, leadinsurance will take precedence, and silica, then Subcontractor shall maintain Contractor’s Pollution Liability Insurance with limits no provision of liability not less than $1,000,000. If this coverage is written Agreement will be construed to relieve an insurer of any obligation to pay claims to SitusAMC which would otherwise be a covered claim in the absence of any provision of this Agreement; (x) it will contain severability for the insured organization for any intentional act exclusions; (y) may apply on a claims-made basis, then provided the retroactive date shall be no later than the commencement of the work described in this agreement. The Contractor, the Owner, and any other party the Contractor policy is required in its contract with the Owner to name as additional insured, shall be included as additional insured on the Pollution Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The required Contractor’s Pollution Liability insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force maintained for a period of at least eight (8) two years following the completion after Acceptance of the SubcontractorDeliverables; and (z) will cover consequential or vicarious liabilities (e.g., claims brought against Company due to the wrongful acts and omissions of SitusAMC or SitusAMC Personnel) and direct losses (e.g., claims made by Company against SitusAMC for financial loss due to SitusAMC’s workwrongful acts or omissions).

Appears in 1 contract

Sources: Valuation Services Agreement (J.P. Morgan Real Estate Income Trust, Inc.)

Required Coverages. The Subcontractor shall maintain the required coverages at all times during the progress of the work with insurers licensed to do business in the state where the work is being performed and with a Best rating of A- VII or better. The Subcontractor, by its legal name on the Subcontract, shall be the named insured on each policy of insurance. (A) Worker’s Compensation and Employer’s Liability in accordance with the laws of all states exercising jurisdiction over the Subcontractor’s employees, including the state in which the work is being performed. Employer’s Liability Limit – Not less than $500,000/$500,000/$500,000 Subcontractor shall not utilize occupational accident or health insurance policies, or the equivalent, in lieu of mandatory Workers' Compensation Insurance, or otherwise attempt to opt out of the statutory Workers' Compensation system. (B) Commercial General Liability (CGL) written on ISO occurrence form CG 00 01or its equivalent, providing coverage for Premises and Operations, Products-Completed Operations, Independent Contractors, Personal and Advertising Injury, Blanket Contractual Liability, and Broad Form Property Damage (including coverage for Explosion, Collapse, and Underground Hazards). The General Aggregate Limit shall apply separately to each project or the policy may be endorsed to apply a separate aggregate limit to this Project. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured under ISO endorsements CG 20 10 10/01 (ongoing operations) and CG 20 37 10/01 (completed operations), or equivalent endorsements. These insurance coverages shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The Subcontractor's General Liability policy shall contain a Cross Liability or Severability of Interest clause. The Subcontractor shall maintain CGL coverage for itself and the additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and the additional insureds for at least eight three (8) 3) years after final acceptance of the Subcontractor’s work. General Aggregate – Not less than $2,000,000 per project Products-Completed Operations Aggregate – Not less than $2,000,000 Personal and Advertising Injury – Not less than $1,000,000 Each Occurrence –Not less than $1,000,000 (C) Business Automobile Liability, including liability arising out of any owned, leased, non-owned or hired automobile with limits of liability of not less than $1,000,000. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured shall be included as additional insured on the Automobile Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (D) Umbrella Excess Liability in excess of and “following form” of the underlying Employer’s Liability, Commercial General Liability, and Business Automobile Liability with limits of not less than at least $1,000,000. The Contractor, All additional insureds on the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured CGL policy shall be included as additional insured insureds on the Umbrella Liability policy. This insurance coverage shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. (E) If the Subcontractor’s work involves any design/build, architectural, engineering, surveying, or other professional services, then Subcontractor shall maintain Professional/Errors and Omissions Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The required Professional/Errors and Omissions Liability Insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work. (F) If the Subcontractor’s work involves the removal, treatment, remediation, or use of hazardous or toxic substances or otherwise involves a potential pollution exposure, including but not limited to mold, fungus, asbestos, lead, and silica, then Subcontractor shall maintain Contractor’s Pollution Liability Insurance with limits of liability not less than $1,000,000. If this coverage is written on a claims-made basis, then the retroactive date shall be no later than the commencement of the work described in this agreement. The Contractor, the Owner, and any other party the Contractor is required in its contract with the Owner to name as additional insured, shall be included as additional insured on the Pollution Liability policy. This insurance shall apply on a primary and non-contributory basis before any other insurance available to the additional insureds. The required Contractor’s Pollution Liability insurance shall remain in continuous effect, or an extended reporting period purchased, so that coverage is in force for a period of at least eight (8) years following the completion of the Subcontractor’s work.

Appears in 1 contract

Sources: Subcontract Agreement