Insurance and Liability. The Innovator shall pay UNDP promptly for all loss, destruction, or damage to the property of UNDP caused by the Innovator’s personnel or by any of its subcontractors or anyone else directly or indirectly employed by the Innovator or any of its subcontractors in the performance of the Agreement. Unless otherwise provided in the Agreement, prior to commencement of performance of any other obligations under the Agreement, and subject to any limits set forth in the Agreement, the Innovator shall take out and shall maintain for the entire term of the Agreement, for any extension thereof, and for a period following any termination of the Agreement reasonably adequate to deal with losses: insurance against all risks in respect of its property and any equipment used for the performance of the Agreement; workers’ compensation insurance, or its equivalent, or employer’s liability insurance, or its equivalent, with respect to the Innovator’s personnel sufficient to cover all claims for injury, death and disability, or any other benefits required to be paid by law, in connection with the performance of the Agreement; liability insurance in an adequate amount to cover all claims, including, but not limited to, claims for death and bodily injury, products and completed operations liability, loss of or damage to property, and personal and advertising injury, arising from or in connection with the Innovator’s performance under the Agreement, including, but not limited to, liability arising out of or in connection with the acts or omissions of the Innovator, its personnel, agents, or invitees, or the use, during the performance of the Agreement, of any vehicles, boats, airplanes or other transportation vehicles and equipment, whether or not owned by the Innovator; and, such other insurance as may be agreed upon in writing between UNDP and the Innovator. The Innovator’s liability policies shall also cover subcontractors and all defense costs and shall contain a standard “cross liability” clause. The Innovator acknowledges and agrees that UNDP accepts no responsibility for providing life, health, accident, travel or any other insurance coverage which may be necessary or desirable in respect of any personnel performing services for the Innovator in connection with the Agreement. Except for the workers’ compensation insurance or any self-insurance program maintained by the Innovator and approved by UNDP, UNDP in its sole discretion, for purposes of fulfilling the Innovator’s requirements for providing insurance under the Agreement, the insurance policies required under the Agreement shall: name UNDP as an additional insured under the liability policies, including, if required, as a separate endorsement under the policy; include a waiver of subrogation of the Innovator’s insurance carrier’s rights against UNDP; provide that UNDP shall receive written notice from the Innovator’s insurance carrier not less than thirty (30) days prior to any cancellation or material change of coverage; and, include a provision for response on a primary and non-contributing basis with respect to any other insurance that may be available to UNDP. The Innovator shall be responsible to fund all amounts within any policy deductible or retention. Except for any self-insurance program maintained by the Innovator and approved by UNDP for purposes of fulfilling the Innovator’s requirements for maintaining insurance under the Agreement, the Innovator shall maintain the insurance taken out under the Agreement with reputable insurers that are in good financial standing and that are acceptable to UNDP. Prior to the commencement of any obligations under the Agreement, the Innovator shall provide UNDP with evidence, in the form of certificate of insurance or such other form as UNDP may reasonably require, that demonstrates that the Innovator has taken out insurance in accordance with the requirements of the Agreement. UNDP reserves the right, upon written notice to the Innovator, to obtain copies of any insurance policies or insurance program descriptions required to be maintained by the Innovator under the Agreement. Notwithstanding the provisions of Article 10.5.3, above, the Innovator shall promptly notify UNDP concerning any cancellation or material change of insurance coverage required under the Agreement. The Innovator acknowledges and agrees that neither the requirement for taking out and maintaining insurance as set forth in the Agreement nor the amount of any such insurance, including, but not limited to, any deductible or retention relating thereto, shall in any way be construed as limiting the Innovator’s liability arising under or relating to the Agreement.
Appears in 7 contracts
Insurance and Liability. The Innovator shall pay UNDP promptly for all loss, destruction, or damage to the property of UNDP caused by the Innovator’s personnel or by any of its subcontractors or anyone else directly or indirectly employed by the Innovator or any of its subcontractors in the performance Each of the Agreement. Unless otherwise provided in the Agreement, prior parties agrees to commencement of performance of any other obligations under the Agreement, and subject to any limits set forth in the Agreement, the Innovator shall take out and shall maintain for the entire term of the Agreement, for any extension thereof, and for a period following any termination of the Agreement reasonably adequate to deal with losses: insurance against all risks in respect of its property and any equipment used for the performance of the Agreement; workers’ compensation insurance, or its equivalent, or employer’s liability insurance, or its equivalent, with respect to the Innovator’s personnel sufficient to cover all claims for injury, death and disability, or any other benefits required to be paid by law, in connection with the performance of the Agreement; commercial general liability insurance in an adequate amount to cover all claims, including, but not limited to, claims for death and bodily injury, products and completed operations liability, loss of or damage to property, and personal and advertising injury, arising from or in connection with the Innovator’s performance under the Agreement, including, but not limited to, liability arising out of or in connection with the acts or omissions of the Innovator, its personnel, agents, or invitees, or the use, during the performance of the Agreement, of any vehicles, boats, airplanes or other transportation vehicles and equipment, whether or not owned by the Innovator; and, such other insurance as may be agreed upon in writing between UNDP and the Innovator. The Innovator’s liability policies shall also cover subcontractors and all defense costs and shall contain a standard “cross liability” clause. The Innovator acknowledges and agrees that UNDP accepts no responsibility for providing life, health, accident, travel or any other insurance coverage as reflected in Exhibit A of this Agreement with insurance companies licensed to do business in each State through which may be necessary or desirable the Railcars shall pass. Customer acknowledges and understands that the limits and any other requirements in respect Exhibit A are subject to change by Operator at any time and Operator will provide timely notice of any personnel performing services for the Innovator in connection with the Agreementchanges to Customer and third parties. Except for the workers’ compensation insurance or any self-insurance program maintained by the Innovator and approved by UNDP, UNDP in its sole discretion, for purposes of fulfilling the Innovator’s requirements for providing insurance under the Agreement, the insurance policies required under the Agreement shall: name UNDP as an additional insured under the liability policies, including, if required, as a separate endorsement under the policy; include a waiver of subrogation of the Innovator’s insurance carrier’s rights against UNDP; provide that UNDP shall receive written notice from the Innovator’s insurance carrier not less than thirty (30) days prior to any cancellation or material change of coverage; and, include a provision for response on a primary and non-contributing basis with respect to any other insurance that may be available to UNDP. The Innovator Neither party shall be responsible to fund all amounts within any policy deductible or retention. Except the other for any self-insurance program maintained loss covered by the Innovator aforesaid insurance. Customer shall be responsible for obtaining additional insured certificates from its customer’s and approved by UNDP hauler’s insurance carriers naming Operator as an additional insured. Customer acknowledges that all insurance requirements of the Operator must be complied with at all times. Each party agrees to indemnify and hold the other party, (including its agents and employees) harmless from and against all claims, fines, penalties, losses, costs, attorneys lees, judgments, and damages for purposes personal injuries and property damage, including claims for strict liability, which occur or arise from the negligence or willful act or omission of fulfilling such party, their agents, employees, representatives or contractors (each a “Loss” and collectively, the Innovator’s requirements “Losses”). Neither party shall be liable to the other party for maintaining insurance indirect, incidental, consequential, exemplary, punitive, special or speculative damages for any failure to perform or for the manner of performance, including without limitation lost profits or savings, even if the other party has been advised of the possible existence of such losses. In the event Customer and Operator, or their respective employees, agents, representatives or contractors, are concurrently or jointly liable for Losses indemnifiable under the this Agreement, the Innovator shall maintain the insurance taken out under the Agreement with reputable insurers that are in good financial standing and that are acceptable to UNDP. Prior indemnification provided by each party to the commencement of any obligations other under this Agreement shall be proportionate to the Agreement, the Innovator shall provide UNDP with evidence, in the form of certificate of insurance or such other form as UNDP may reasonably require, that demonstrates that the Innovator has taken out insurance in accordance with the requirements percentage of the AgreementLoss attributable to that party’s (or its employee’s, agent’s, representative’s or contractor’s) negligence. UNDP reserves For the rightavoidance of doubt, upon written notice Operator agrees to the Innovatormaintain insurance covering Customer’s property, to obtain copies of any insurance policies while in Operator’s physical custody and control, against physical loss or insurance program descriptions required to be maintained by the Innovator under the Agreementdamage. Notwithstanding the provisions foregoing, in no instance shall Operator maintain insurance or be responsible for loss or damage occasioned by Customer’s delivery of Article 10.5.3any Off Spec Product, above, the Innovator shall promptly notify UNDP concerning any cancellation or material change of insurance coverage required under the Agreement. The Innovator acknowledges and agrees that neither the requirement for taking out and maintaining insurance as more specifically set forth in the Agreement nor the amount Section 6(c) of any such insurance, including, but not limited to, any deductible or retention relating thereto, shall in any way be construed as limiting the Innovator’s liability arising under or relating to the this Agreement.
Appears in 2 contracts
Samples: Rail Transportation Services Agreement (Green Plains Partners LP), Rail Transportation Services Agreement (Green Plains Partners LP)
Insurance and Liability. The Innovator Contractor shall pay UNDP promptly for all loss, destruction, or damage to the property of UNDP caused by the InnovatorContractor’s personnel or by any of its subcontractors or anyone else directly or indirectly employed by the Innovator Contractor or any of its subcontractors in the performance of the AgreementContract. Unless otherwise provided in the AgreementContract, prior to commencement of performance of any other obligations under the AgreementContract, and subject to any limits set forth in the AgreementContract, the Innovator Contractor shall take out and shall maintain for the entire term of the AgreementContract, for any extension thereof, and for a period following any termination of the Agreement Contract reasonably adequate to deal with losses: insurance against all risks in respect of its property and any equipment used for the performance of the AgreementContract; workers’ compensation insurance, or its equivalent, or employer’s liability insurance, or its equivalent, with respect to the InnovatorContractor’s personnel sufficient to cover all claims for injury, death and disability, or any other benefits required to be paid by law, in connection with the performance of the AgreementContract; liability insurance in an adequate amount to cover all claims, including, but not limited to, claims for death and bodily injury, products and completed operations liability, loss of or damage to property, and personal and advertising injury, arising from or in connection with the InnovatorContractor’s performance under the AgreementContract, including, but not limited to, liability arising out of or in connection with the acts or omissions of the InnovatorContractor, its personnel, agents, or invitees, or the use, during the performance of the AgreementContract, of any vehicles, boats, airplanes or other transportation vehicles and equipment, whether or not owned by the InnovatorContractor; and, such other insurance as may be agreed upon in writing between UNDP and the InnovatorContractor. The InnovatorContractor’s liability policies shall also cover subcontractors and all defense costs and shall contain a standard “cross liability” clause. The Innovator Contractor acknowledges and agrees that UNDP accepts no responsibility for providing life, health, accident, travel or any other insurance coverage which may be necessary or desirable in respect of any personnel performing services for the Innovator Contractor in connection with the AgreementContract. Except for the workers’ compensation insurance or any self-insurance program maintained by the Innovator Contractor and approved by UNDP, UNDP in its sole discretion, for purposes of fulfilling the InnovatorContractor’s requirements for providing insurance under the AgreementContract, the insurance policies required under the Agreement Contract shall: name UNDP as an additional insured under the liability policies, including, if required, as a separate endorsement under the policy; include a waiver of subrogation of the InnovatorContractor’s insurance carrier’s rights against UNDP; provide that UNDP shall receive written notice from the InnovatorContractor’s insurance carrier not less than thirty (30) days prior to any cancellation or material change of coverage; and, include a provision for response on a primary and non-contributing basis with respect to any other insurance that may be available to UNDP. The Innovator Contractor shall be responsible to fund all amounts within any policy deductible or retention. Except for any self-insurance program maintained by the Innovator Contractor and approved by UNDP for purposes of fulfilling the InnovatorContractor’s requirements for maintaining insurance under the AgreementContract, the Innovator Contractor shall maintain the insurance taken out under the Agreement Contract with reputable insurers that are in good financial standing and that are acceptable to UNDP. Prior to the commencement of any obligations under the AgreementContract, the Innovator Contractor shall provide UNDP with evidence, in the form of certificate of insurance or such other form as UNDP may reasonably require, that demonstrates that the Innovator Contractor has taken out insurance in accordance with the requirements of the AgreementContract. UNDP reserves the right, upon written notice to the InnovatorContractor, to obtain copies of any insurance policies or insurance program descriptions required to be maintained by the Innovator Contractor under the AgreementContract. Notwithstanding the provisions of Article 10.5.313.5.3, above, the Innovator Contractor shall promptly notify UNDP concerning any cancellation or material change of insurance coverage required under the AgreementContract. The Innovator Contractor acknowledges and agrees that neither the requirement for taking out and maintaining insurance as set forth in the Agreement Contract nor the amount of any such insurance, including, but not limited to, any deductible or retention relating thereto, shall in any way be construed as limiting the InnovatorContractor’s liability arising under or relating to the AgreementContract.
Appears in 1 contract
Samples: General Terms and Conditions
Insurance and Liability. The Innovator Contractor shall pay UNDP promptly for all loss, destruction, or damage to the property of UNDP caused by the InnovatorContractor’s personnel or by any of its subcontractors or anyone else directly or indirectly employed by the Innovator Contractor or any of its subcontractors in the performance of the AgreementContract. Unless otherwise provided in the AgreementContract, prior to commencement of performance of any other obligations under the AgreementContract, and subject to any limits set forth in the AgreementContract, the Innovator Contractor shall take out and shall maintain for the entire term of the AgreementContract, for any extension thereof, and for a period following any termination of the Agreement Contract reasonably adequate to deal with losses: insurance against all risks in respect of its property and any equipment used for the performance of the AgreementContract; workers’ compensation insurance, or its equivalent, or employer’s liability insurance, or its equivalent, with respect to the InnovatorContractor’s personnel sufficient to cover all claims for injury, death and disability, or any other benefits required to be paid by law, in connection with the performance of the AgreementContract; liability insurance in an adequate amount to cover all claims, including, but not limited to, claims for death and bodily injury, products and completed operations liability, loss of or damage to property, and personal and advertising injury, arising from or in connection with the InnovatorContractor’s performance under the AgreementContract, including, but not limited to, liability arising out of or in connection with the acts or omissions of the InnovatorContractor, its personnel, agents, or invitees, or the use, during the performance of the AgreementContract, of any vehicles, boats, airplanes or other transportation vehicles and equipment, whether or not owned by the InnovatorContractor; and, such other insurance as may be agreed upon in writing between UNDP and the InnovatorContractor. The InnovatorContractor’s liability policies shall also cover subcontractors and all defense costs and shall contain a standard “cross liability” clause. The Innovator Contractor acknowledges and agrees that UNDP accepts no responsibility for providing life, health, accident, travel or any other insurance coverage which may be necessary or desirable in respect of any personnel performing services for the Innovator Contractor in connection with the AgreementContract. Except for the workers’ compensation insurance or any self-insurance program maintained by the Innovator Contractor and approved by UNDP, UNDP in its sole discretion, for purposes of fulfilling the InnovatorContractor’s requirements for providing insurance under the AgreementContract, the insurance policies required under the Agreement Contract shall: PAGE name UNDP as an additional insured under the liability policies, including, if required, as a separate endorsement under the policy; include a waiver of subrogation of the InnovatorContractor’s insurance carrier’s rights against UNDP; provide that UNDP shall receive written notice from the InnovatorContractor’s insurance carrier not less than thirty (30) days prior to any cancellation or material change of coverage; and, include a provision for response on a primary and non-contributing basis with respect to any other insurance that may be available to UNDP. The Innovator Contractor shall be responsible to fund all amounts within any policy deductible or retention. Except for any self-insurance program maintained by the Innovator Contractor and approved by UNDP for purposes of fulfilling the InnovatorContractor’s requirements for maintaining insurance under the AgreementContract, the Innovator Contractor shall maintain the insurance taken out under the Agreement Contract with reputable insurers that are in good financial standing and that are acceptable to UNDP. Prior to the commencement of any obligations under the AgreementContract, the Innovator Contractor shall provide UNDP with evidence, in the form of certificate of insurance or such other form as UNDP may reasonably require, that demonstrates that the Innovator Contractor has taken out insurance in accordance with the requirements of the AgreementContract. UNDP reserves the right, upon written notice to the InnovatorContractor, to obtain copies of any insurance policies or insurance program descriptions required to be maintained by the Innovator Contractor under the AgreementContract. Notwithstanding the provisions of Article 10.5.313.5.3, above, the Innovator Contractor shall promptly notify UNDP concerning any cancellation or material change of insurance coverage required under the AgreementContract. The Innovator Contractor acknowledges and agrees that neither the requirement for taking out and maintaining insurance as set forth in the Agreement Contract nor the amount of any such insurance, including, but not limited to, any deductible or retention relating thereto, shall in any way be construed as limiting the InnovatorContractor’s liability arising under or relating to the AgreementContract.
Appears in 1 contract
Samples: Eneral T Erms and Conditions
