Contractor Insurance Obligations. The Contractor must: ensure that it obtains and maintains the authorisations and or licences required in all relevant jurisdictions to conduct itself as a self insurer for the purposes of Workers Compensation liabilities including comply with the requirements of the Safety Rehabilitation and Compensation Act 1988 (Cth) and the Safety Rehabilitation and Compensation Regulations 2019 (Cth) or Statutory Requirement in the State or Territory in which an employee of the Contractor or of a subcontractor performs work, is employed or normally resides (and including Employers’ Liability Insurance if applicable); comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Commonwealth in respect of any statutory liability to the Contractor’s employees; ensure that each of its subcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; from the Award Date cause to be effected and maintained or otherwise have the benefit of: Construction Risks Insurance; Public Liability Insurance; if the Contract requires the Contractor to design any part of the Works, whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract Particulars; and such other insurances on such terms as are specified in the Contract Particulars, each of which must be: for the amounts specified in the Contract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to Construction Risks Insurance and Public Liability Insurance, ensure that each of these policies name the Commonwealth as a party to whom the benefit of the insurance cover extends; in relation to the Public Liability Insurance, ensure the insurance is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; in relation to whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract Particulars, ensure the insurance: has a retroactive date of no later than the commencement of the Contractor's Activities; is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; and includes a run-off period as referred to in the Contract Particulars; promptly provide the Contract Administrator with evidence satisfactory to the Contract Administrator that: it has complied with clause [5.4]; and each insurance required under clause [5.4] is current and complies with clause [5.4], as required by the Contract Administrator from time to time; ensure that: if the: insurer gives the Contractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Contractor notice of expiry, cancellation or rescission of the self-insurer's authorisation or licence, the Contractor as soon as possible informs the Commonwealth in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contract Administrator, whose acceptance will not be unreasonably withheld or delayed; and if the Contractor cancels, rescinds or fails to renew any: required insurance policy; or self-insurer's authorisation or licence, the Contractor as soon as possible obtains replacement insurance as required by the Contract and informs the Commonwealth in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer's authorisation or licence and provides such evidence as the Contract Administrator reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Contract; ensure that it: does not do, permit to do, or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contract Administrator copies of receipts for payment of premiums if and when requested by the Contract Administrator. Any increase in premium is the responsibility of, and must be borne by, the Contractor; renews any required insurance policy or self-insurer's authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contract Administrator (in writing) if the Contractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self-insurer's authorisation or licence to lapse during the period for which it is required by the Contract without the prior written consent of the Contract Administrator; immediately notifies the Contract Administrator (in writing) of any event which may result in a required insurance policy or self-insurer's authorisation or licence lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self-insurer's authorisation or licence; does everything reasonably required by the Commonwealth and the Contract Administrator to enable the Commonwealth to claim and to collect or recover, money due under any of the insurances; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain Professional Indemnity Insurance or Errors and Omissions Insurance in the same manner and on the same terms as those required to be obtained by the Contractor under clause [5.4] for the amounts specified in the Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Contractor under clause [5.4]. Any excess borne by the Commonwealth will be a debt due from the Contractor to the Commonwealth. For the purpose of paragraph (f), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements), a self-insurer's authorisation or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause [5.4]. The obtaining of insurance as required under clause [5.4] will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under the Contract or otherwise at law or in equity. Amendments to clause 5.5 Clause 5.5 of the Conditions of Contract is deleted and replaced as follows:
Appears in 4 contracts
Samples: Formal Agreement, Formal Agreement, Formal Agreement
Contractor Insurance Obligations. The Contractor must: ensure that it obtains and maintains the authorisations and or licences required in all relevant jurisdictions to conduct itself as a self insurer for the purposes of Workers Compensation liabilities including comply with the requirements of the Safety Rehabilitation and Compensation Act 1988 (Cth) and the Safety Rehabilitation and Compensation Regulations 2019 (Cth) or Statutory Requirement in the State or Territory in which an employee of the Contractor or of a subcontractor performs work, is employed or normally resides (and including Employers’ Liability Insurance if applicable); comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Commonwealth in respect of any statutory liability to the Contractor’s employees; ensure that each of its subcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; from the Award Date cause to be effected and maintained or otherwise have the benefit of: of Construction Risks Insurance; , Public Liability Insurance and the other insurance (if any) specified in the Subcontract Particulars for the amounts specified in the Subcontract Particulars; and promptly provide the Subcontractor with evidence satisfactory to the Subcontractor that the insurances required under subparagraph (i) are current, as required by the Subcontractor from time to time. The insurances referred to in paragraph (a)(i) are subject to the exclusions, conditions and excesses noted on the policies and the Subcontractor must: satisfy itself of the nature and extent of the Contractor’s insurance; if required by the Subcontractor, take out insurance to: insure any risks not insured by the Contractor’s insurance; or cover any such exclusions, conditions or excesses in that insurance, which the Subcontractor wants to insure against or cover; and where it bears the risk of the relevant loss or damage under clause 5.1 or is required to indemnify the Contractor under clause 5.2, bear the cost of any excesses in the Contractor’s insurance. Subcontractor Insurance Obligations The Subcontractor must: from the Award Date cause to be effected and maintained or otherwise have the benefit of the following insurances: Workers Compensation Insurance; if the Contract Subcontract requires the Contractor Subcontractor to design any part of the Subcontract Works, whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract Subcontract Particulars; and such other insurances on such terms as are specified in the Contract Subcontract Particulars, each of which must be: for the amounts specified in the Contract Subcontract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's ’s or equivalent rating agency's ’s financial strength rating of A- A - or better; and on terms which are satisfactory to the Contract Administrator Contractor’s Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to Construction Risks the Workers Compensation Insurance and Public Employers’ Liability InsuranceInsurance ensure that: to the extent permitted by law, ensure that the insurance extends to provide indemnity to the Commonwealth and the Contractor in respect of any statutory and common law liability to the Subcontractor’s employees; and each of these policies name its subsubcontractors which is legally required to do so, has Workers Compensation Insurance and Employers' Liability Insurance covering the Commonwealth subsubcontractor in respect of its statutory and common law liability to its employees, in the same manner as a party the Subcontractor is required to whom the benefit of the insurance cover extends; in relation to the Public Liability Insurance, ensure the insurance is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried outdo under subparagraph (i); in relation to whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract Subcontract Particulars, ensure the insurance: has a retroactive date of no later than the commencement of the Contractor's Subcontractor’s Activities; and is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the ContractorSubcontractor's Activities are being carried out; and includes a run-off period as referred to in the Contract Particulars; promptly provide the Contract Administrator Contractor’s Representative with evidence satisfactory to the Contract Administrator Contractor’s Representative that: it has complied with clause [5.4]5.5; and each insurance required under clause [5.4] 5.5 is current and complies with clause [5.4]5.5, as required by the Contract Administrator Contractor’s Representative from time to time; ensure that: if the: the insurer gives the Contractor Subcontractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Contractor notice of expiry, cancellation or rescission of the self-insurer's authorisation or licence, the Contractor Subcontractor as soon as possible informs the Commonwealth Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contract AdministratorContractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Contractor Subcontractor cancels, rescinds or fails to renew any: any required insurance policy; or self-insurer's authorisation or licence, the Contractor Subcontractor as soon as possible obtains replacement insurance as required by the Contract Subcontract and informs the Commonwealth Contractor in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer's authorisation or licence , and provides such evidence as the Contract Administrator Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the ContractSubcontract; ensure that it: does not do, permit to do, do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insuranceinsurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contract Administrator Contractor's Representative copies of receipts for payment of premiums if and when requested upon request by the Contract Administrator. Any increase in premium is the responsibility of, and must be borne by, the Contractor's Representative; renews any required insurance policy or self-insurer's authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contract Administrator Contractor's Representative (in writing) if the Contractor Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self-insurer's authorisation or licence to lapse during the period for which it is required by the Contract Subcontract without the prior written consent of the Contract AdministratorContractor’s Representative; immediately notifies the Contract Administrator Contractor’s Representative (in writing) of any event which may result in a required insurance policy or self-insurer's authorisation or licence lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self-insurer's authorisation or licencepolicies; does everything reasonably required by the Commonwealth Contractor and the Contract Administrator Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover, recover money due under any of the insurancesinsurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subcontractors subsubcontractors that perform any design work forming part of the Contractor's Subcontractor’s Activities also maintain Professional Indemnity Insurance or Errors and Omissions Insurance in the same manner and on the same terms as those required to be obtained by the Contractor Subcontractor under clause [5.4] 5.5 for the amounts specified in the Contract Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Contractor Subcontractor under this clause [5.4]5.5. Any excess borne by the Commonwealth Contractor will be a debt due from the Contractor Subcontractor to the CommonwealthContractor. For the purpose of paragraph (fd), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements), a self-insurer's authorisation or licence Requirement) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause [5.4]5.5. The obtaining of insurance as required under clause [5.4] 5.5 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor Subcontractor under the Contract Subcontract or otherwise at law or in equity. Amendments Failure to Insure If the Subcontractor fails to comply with clause 5.5 Clause 5.5 5.5, the Contractor may (in its absolute discretion and without prejudice to any other rights it may have) take out the relevant insurance and the cost of such insurances will be a debt due from the Subcontractor to the Contractor. The Subcontractor must take all necessary steps to assist the Contractor in exercising its discretion under paragraph (a). For the purpose of this paragraph (b), “all necessary steps” includes providing all insurance information and documents (including proposals), answering questions, co-operating with and doing everything necessary to assist the Contractor’s Representative or anyone else acting on behalf of the Conditions of Contract is deleted and replaced as follows:Contractor.
Appears in 3 contracts
Samples: Formal Agreement, Formal Agreement, Formal Agreement
Contractor Insurance Obligations. The Contractor must: ensure that it obtains and maintains the authorisations and or licences required in all relevant jurisdictions to conduct itself as a self insurer for the purposes of Workers Compensation liabilities including comply with the requirements of the Safety Rehabilitation and Compensation Act 1988 (Cth) and the Safety Rehabilitation and Compensation Regulations 2019 (Cth) or Statutory Requirement in the State or Territory in which an employee of the Contractor or of a subcontractor performs work, is employed or normally resides (and including Employers’ Liability Insurance if applicable); comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Commonwealth in respect of any statutory liability to the Contractor’s employees; ensure that each of its subcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; from the Award Date cause to be effected and maintained or otherwise have the benefit of: Construction Risks Insurance; Public Liability Insurance; if the Contract requires the Contractor to design any part of the Works, whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract ParticularsInsurance; and such other insurances on such terms as are specified in the Contract Particulars, each of which must be: for the respective amounts specified in the Contract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to Construction Risks Insurance and Public Liability Insurance, ensure that each of these policies name the Commonwealth as a party to whom the benefit of the insurance cover extends; in relation to the Public Liability Insurance, ensure the insurance is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; in relation to whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract ParticularsInsurance, ensure the insurance: has a retroactive date of no later than the commencement of the Contractor's Activities; is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; and includes a run-off period as referred to in the Contract Particulars; promptly provide the Contract Administrator with evidence satisfactory to the Contract Administrator that: it has complied with clause [5.4]4.3; and each insurance required under clause [5.4] 4.3 is current and complies with clause [5.4]4.3, as required by the Contract Administrator from time to time; ensure that: if the: insurer gives the Contractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Contractor notice of expiry, cancellation or rescission of the self-insurer's authorisation or licence, the Contractor as soon as possible informs the Commonwealth in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contract Administrator, whose acceptance will not be unreasonably withheld or delayed; and if the Contractor cancels, rescinds or fails to renew any: required insurance policy; or self-insurer's authorisation or licence, the Contractor as soon as possible obtains replacement insurance as required by the Contract and informs the Commonwealth in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer's authorisation or licence and provides such evidence as the Contract Administrator reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Contract; ensure that it: does not do, permit to do, or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contract Administrator copies of receipts for payment of premiums if and when requested by the Contract Administrator. Any increase in premium is the responsibility of, and must be borne by, the Contractor; renews any required insurance policy or self-self insurer's authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contract Administrator (in writing) if the Contractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self-self insurer's authorisation or licence to lapse during the period for which it is required by the Contract without the prior written consent of the Contract Administrator; immediately notifies the Contract Administrator (in writing) of any event which may result in a required insurance policy or self-self insurer's authorisation or licence lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self-self insurer's authorisation or licence; does everything reasonably required by the Commonwealth and the Contract Administrator to enable the Commonwealth to claim and to collect or recover, money due under any of the insurances; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain Professional Indemnity Insurance or Errors and Omissions Insurance in the same manner and on the same terms as those required to be obtained by the Contractor under clause [5.4] 4.3 for the amounts specified in the Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Contractor under clause [5.4]4.3. Any excess borne by the Commonwealth will be a debt due from the Contractor to the Commonwealth. For the purpose of paragraph (fi), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements), a self-self insurer's authorisation or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause [5.4]4.3. The obtaining of insurance as required under clause [5.4] 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under the Contract or otherwise at law or in equity. Amendments to clause 5.5 4.4 Clause 5.5 4.4 of the Conditions of Contract is deleted and replaced as follows:
Appears in 2 contracts
Samples: Medium Works Contract, Formal Agreement
Contractor Insurance Obligations. The Contractor must: ensure that it obtains and maintains the authorisations and or licences required in all relevant jurisdictions to conduct itself as a self insurer for the purposes of Workers Compensation liabilities including comply with the requirements of the Safety Rehabilitation and Compensation Act 1988 (Cth) and the Safety Rehabilitation and Compensation Regulations 2019 (Cth) or Statutory Requirement in the State or Territory in which an employee of the Contractor or of a subcontractor performs work, is employed or normally resides (and including Employers’ Liability Insurance if applicable); comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Commonwealth in respect of any statutory liability to the Contractor’s employees; ensure that each of its subcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; must from the Award Date cause to be effected and maintained or otherwise have effect the benefit of: Construction Risks Insurance; Public Liability Insurance; insurance (if the Contract requires the Contractor to design any part of the Works, whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount any) specified in the Contract Particulars; Subcontract Particulars and such other insurances on such terms as are specified in the Contract Particulars, each of which must be: for the amounts specified in the Contract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to Construction Risks Insurance and Public Liability Insurance, ensure that each of these policies name the Commonwealth as a party to whom the benefit of the insurance cover extends; in relation to the Public Liability Insurance, ensure the insurance is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; in relation to whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract Particulars, ensure the insurance: has a retroactive date of no later than the commencement of the Contractor's Activities; is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; and includes a run-off period as referred to in the Contract Particulars; promptly provide the Contract Administrator Subcontractor with evidence satisfactory to the Contract Administrator that: it has complied with clause [5.4]; and each insurance required under clause [5.4] Subcontractor that the policy is current and complies with clause [5.4], as required by the Contract Administrator Subcontractor from time to time; ensure that. This insurance is subject to the exclusions, conditions and excesses noted on the policies and the Subcontractor must: if the: insurer gives the Contractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Contractor notice of expiry, cancellation or rescission satisfy itself of the self-insurer's authorisation or licence, the Contractor as soon as possible informs the Commonwealth in writing that the notice has been given nature and effects replacement insurance on terms and subject to limits acceptable to the Contract Administrator, whose acceptance will not be unreasonably withheld or delayed; and if the Contractor cancels, rescinds or fails to renew any: required insurance policy; or self-insurer's authorisation or licence, the Contractor as soon as possible obtains replacement insurance as required by the Contract and informs the Commonwealth in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer's authorisation or licence and provides such evidence as the Contract Administrator reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Contract; ensure that it: does not do, permit to do, or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contract Administrator copies of receipts for payment of premiums if and when requested by the Contract Administrator. Any increase in premium is the responsibility of, and must be borne by, the Contractor; renews any required insurance policy or self-insurer's authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contract Administrator (in writing) if the Contractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self-insurer's authorisation or licence to lapse during the period for which it is required by the Contract without the prior written consent of the Contract Administrator; immediately notifies the Contract Administrator (in writing) of any event which may result in a required insurance policy or self-insurer's authorisation or licence lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self-insurer's authorisation or licence; does everything reasonably required by the Commonwealth and the Contract Administrator to enable the Commonwealth to claim and to collect or recover, money due under any of the insurances; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subcontractors that perform any design work forming part extent of the Contractor's Activities also maintain Professional Indemnity Insurance insurance; if required by the Subcontractor, take out insurance to: insure any risks not insured by the Contractor's insurance; or Errors cover any such exclusions, conditions or excesses in that insurance, which the Subcontractor wants to insure against or cover; and Omissions Insurance in where it bears the same manner and on risk of the same terms as those relevant loss or damage under clause 4.1 or is required to be obtained by indemnify the Contractor under clause [5.4] for 4.2, bear the amounts specified cost of any excesses in the Contract Particulars; and bear Contractor's insurance. Failure to Insure If the excess applicable Subcontractor fails to provide evidence satisfactory to the Contractor's Representative that a policy is current or fails to obtain insurance in accordance with clause 4.3, the Contractor may, without prejudice to any other rights it may have, take out the relevant insurance claim made under any of and the insurance policies required to be maintained by the Contractor under clause [5.4]. Any excess borne by the Commonwealth cost will be a debt due from the Contractor Subcontractor to the CommonwealthContractor. For Period of Insurance The insurance which the purpose Contractor is required to obtain and the insurance the Subcontractor is required to obtain under this clause 4 must be maintained: in the case of paragraph (f)construction risks insurance, such evidence may include certificates until the Subcontractor ceases to bear the risk of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements), a self-insurer's authorisation loss of or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause [5.4]. The obtaining of insurance as required damage to anything under clause [5.4] will not 4.1; in any way limitthe case of public liability and workers compensation insurance, reduce or otherwise affect any until the latest of: the end of the obligationslast Defects Liability Period; the date upon which all defects or omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the date upon which the Subcontractor ceases to carry out the Subcontractor's Activities; and in the case of professional indemnity insurance, responsibilities and liabilities until the expiration of the Contractor under period specified in the Contract or otherwise at law or in equity. Amendments Subcontract Particulars following the latest of: the last date of Completion; and the date upon which the Subcontractor ceases to clause 5.5 Clause 5.5 of carry out the Conditions of Contract is deleted and replaced as follows:Subcontractor's Activities.
Appears in 1 contract
Samples: Formal Agreement
Contractor Insurance Obligations. The Contractor must: ensure that it obtains and maintains the authorisations and or licences required in all relevant jurisdictions to conduct itself as a self insurer for the purposes of Workers Compensation liabilities including comply with the requirements of the Safety Rehabilitation and Compensation Act 1988 (Cth) and the Safety Rehabilitation and Compensation Regulations 2019 (Cth) or Statutory Requirement in the State or Territory in which an employee of the Contractor or of a subcontractor performs work, is employed or normally resides (and including Employers’ Liability Insurance if applicable); comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Commonwealth in respect of any statutory liability to the Contractor’s employees; ensure that each of its subcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; from the Award Date cause to be effected and maintained or otherwise have the benefit of: Construction Risks Insurance; from the Award Date: Public Liability Insurance; if the Contract requires the Contractor to design any part of the Works, whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract Particulars; and such other insurances on such terms as are specified in the Contract Particulars; and as a condition precedent to Delivery Phase Approval: Construction Risks Insurance; and such other insurances on such terms as are specified in the Contract Particulars, each of which must be: for the amounts specified in the Contract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to Construction Risks Insurance and Public Liability Insurance, ensure that each of these policies name the Commonwealth as a party to whom the benefit of the insurance cover extends; in relation to the Public Liability Insurance, ensure the insurance is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; in relation to whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract Particulars, ensure the insurance: has a retroactive date of no later than the commencement of the Contractor's Activities; is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; and includes a run-off period as referred to in the Contract Particulars; promptly provide the Contract Administrator with evidence satisfactory to the Contract Administrator that: it has complied with clause [5.4]; and each insurance required under clause [5.4] is current and complies with clause [5.4], as required by the Contract Administrator from time to time; ensure that: if the: insurer gives the Contractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Contractor notice of expiry, cancellation or rescission of the self-insurer's authorisation or licence, the Contractor as soon as possible informs the Commonwealth in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contract Administrator, whose acceptance will not be unreasonably withheld or delayed; and if the Contractor cancels, rescinds or fails to renew any: required insurance policy; or self-insurer's authorisation or licence, the Contractor as soon as possible obtains replacement insurance as required by the Contract and informs the Commonwealth in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer's authorisation or licence and provides such evidence as the Contract Administrator reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Contract; ensure that it: does not do, permit to do, or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contract Administrator copies of receipts for payment of premiums if and when requested by the Contract Administrator. Any increase in premium is the responsibility of, and must be borne by, the Contractor; renews any required insurance policy or self-insurer's authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contract Administrator (in writing) if the Contractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self-insurer's authorisation or licence to lapse during the period for which it is required by the Contract without the prior written consent of the Contract Administrator; immediately notifies the Contract Administrator (in writing) of any event which may result in a required insurance policy or self-insurer's authorisation or licence lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self-insurer's authorisation or licence; does everything reasonably required by the Commonwealth and the Contract Administrator to enable the Commonwealth to claim and to collect or recover, money due under any of the insurances; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain Professional Indemnity Insurance or Errors and Omissions Insurance in the same manner and on the same terms as those required to be obtained by the Contractor under clause [5.4] for the amounts specified in the Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Contractor under clause [5.4]. Any excess borne by the Commonwealth will be a debt due from the Contractor to the Commonwealth. For the purpose of paragraph (f), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements), a self-insurer's authorisation or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause [5.4]. The obtaining of insurance as required under clause [5.4] will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under the Contract or otherwise at law or in equity. Amendments to clause 5.5 Clause 5.5 of the Conditions of Contract is deleted and replaced as follows:
Appears in 1 contract
Samples: Formal Agreement
Contractor Insurance Obligations. The Contractor must: ensure that it obtains effect and maintains maintain the authorisations and or licences required in all relevant jurisdictions to conduct itself as a self insurer for following insurance: Public Liability Insurance from the purposes of Award Date; Workers Compensation liabilities including comply with the requirements of the Safety Rehabilitation Insurance in each State and Compensation Act 1988 (Cth) and the Safety Rehabilitation and Compensation Regulations 2019 (Cth) or Statutory Requirement in the State or Territory in which an employee of the Contractor Contractor's Activities are to be performed or of a subcontractor performs work, is the Contractor's employees are employed or normally resides (and including Employers’ Liability Insurance if applicable); comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Commonwealth in respect of any statutory liability to the Contractor’s employees; ensure that each of its subcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; reside from the Award Date cause to be effected and maintained or otherwise have the benefit of: Construction Risks InsuranceDate; Public Liability Insurance; if the Contract requires the Contractor to design any part of the Works, whichever of Professional Indemnity Insurance or Errors and Omissions Insurance or Professional Indemnity Insurance has an amount specified included for it in the Contract ParticularsParticulars from the Award Date; Construction Risks Insurance as a condition precedent to Planning Phase Approval; and such other insurances on such terms as are specified set out in the Contract Particulars, each of which must is to be: for the amounts specified respective amount referred to in: in respect of the insurances required by subparagraphs (i), (ii), (iii) and (v) - the Contract Particulars; and in respect of the insurance required by subparagraph (iv) - the Contract Particulars (Planning Phase) and confirmed in the Contract Particulars (Delivery Phase); with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to Construction Risks Insurance the Workers Compensation Insurance: ensure that to the extent permitted by law, the insurance policy extends to provide indemnity to the Commonwealth in respect of any statutory liability to the Contractor's employees; and Public Liability Insurance, ensure that each of these policies name its subcontractors legally required to do so, has Workers Compensation Insurance covering the Commonwealth as a party subcontractor in respect of its statutory liability to whom the benefit of the insurance cover extends; in relation to the Public Liability Insuranceemployees, ensure the insurance is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; in relation to whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Contract Particulars, ensure same manner as the insurance: has a retroactive date of no later than the commencement of the Contractor's ActivitiesContractor is required to do so under paragraph (a)(ii); is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Contractor's Activities are being carried out; and includes a run-off period as referred to in the Contract Particulars; promptly provide the Contract Administrator with evidence satisfactory to the Contract Administrator that: it has complied with clause [5.4]; and that each insurance required under clause [5.4] policy is current and complies with clause [5.4], as required by the Contract Administrator from time to time; ensure that: if the: the insurer gives the Contractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Contractor notice of expiry, cancellation or rescission of the self-insurer's authorisation or licence, the Contractor as soon as possible informs the Commonwealth in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contract Administrator, whose acceptance will not be unreasonably withheld or delayedwithheld; and if the Contractor cancels, rescinds or fails to renew any: any required insurance policy; or self-insurer's authorisation or licence, the Contractor as soon as possible obtains replacement insurance as required by the this Contract and informs the Commonwealth in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer's authorisation or licence , and provides such evidence as the Contract Administrator reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the this Contract; ensure that it: does not do, permit to do, do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contract Administrator copies of receipts for payment of premiums if and when requested by the Contract Administrator. Any increase in premium is the responsibility of, and must be borne by, the Contractor; renews any required insurance policy or self-insurer's authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contract Administrator (in writing) if the Contractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self-insurer's authorisation or licence to lapse during the period for which it is required by the Contract without the prior written consent of the Contract Administrator; immediately notifies the Contract Administrator (in writing) of any event which may result in a required insurance policy or self-insurer's authorisation or licence lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self-insurer's authorisation or licence; does everything reasonably required by the Commonwealth and the Contract Administrator to enable the Commonwealth to claim and to collect or recover, money due under any of the insurancespolicies; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain Professional Indemnity Insurance or Errors and Omissions Insurance in the same manner and on the same terms as those required to be obtained by the Contractor under clause [5.4] 5.4(a)(iii), for not less than the amounts specified amount referred to in the Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Contractor under clause [5.4]. Any excess borne by the Commonwealth will be a debt due from the Contractor to the Commonwealth. For the purpose of paragraph (f), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements), a self-insurer's authorisation or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause [5.4]. The obtaining of insurance as required under this clause [5.4] 5.4 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under any other provisions of the Contract or otherwise at law or in equity. Amendments Failure to Insure If the Contractor fails to: provide evidence satisfactory to the Contract Administrator that a policy is current; or obtain insurance in accordance with clause 5.5 Clause 5.5 of 5.4, the Conditions of Contract is deleted Commonwealth may, without prejudice to any other rights it may have, take out the relevant insurance and replaced as follows:the cost will be a debt due from the Contractor to the Commonwealth.
Appears in 1 contract
Samples: Formal Agreement
