In consideration of the Contract Agreement, and to the fullest extent permitted by law, the Seller shall defend and shall indemnify, and hold harmless, at Seller’s sole expense, the Owner, all entities the Contractor is required indemnify and hold harmless, the Owner, and it’s subsidiaries, Affiliates, Directors, Officers, Members, Managers, Partners, Agents, Employees, Servants, Assignees and shareholders, Licensors, lenders, landlords and any other third party property owner ATIMA from and against all liability or claimed liability for bodily injury or death to any person(s), and for any and all property damage or economic damage, including all attorney fees, disbursements and related costs, arising out of or resulting from the materials or services covered by this Contract Agreement to the extent such materials or services was performed by or contracted through the Selleror by anyone for whose acts for the Seller may be held liable, excluding only liability created by the sole and exclusive negligence of the Indemnified Parties. This indemnity agreement shall survive the completion of the Work specified in the Contract Agreement.
Insurance Requirements for Vendors
Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with products, materials and services supplied to the Owner.
The cost of such insurance shall be borne by the Vendor.
INSURANCE LIMITS & REQUIREMENTS:
General Liability/Excess:
The minimum limits of liability of such insurance shall be $2,000,000 per occurrence and $3,000,000.00 in the aggregate on a per location basis. The policy(is) shall be written on an occurrence form and include bodily injury and property damage coverage for premises/ operations, personal and advertising injury and products and completed operations coverage, and contractual liability coverage. This may be achieved by a combination of commercial general liability and umbrella/ excess liability policies with an excess deductible of no more than $10,000. Umbrella/Excess liability is over and be no less broad than and “following form” of all included coverages described above. Inception and expiration dates will be the same as the underlying policies. Drop-down coverage will be provided for reduction and/or exhaustion of underlying aggregate limits and will provide a duty to defend for any insured.
Liability Coverage to include:
- Owner, and its subsidiaries, Affiliates, Directors, Officers, Members, Managers, Partners, Agents, Employees, Servants, Assignees and shareholders, Licensors, lenders, landlords and any other third party property owner ATIMA, is named as an additional insured (s) on a primary & non-contributing basis for General Liability, Automobile Liability and Umbrella follow form, Including Waiver of subrogation.
- Per Location Aggregate
- Include coverage for Independent contractors
- Waiver of Subrogation in favor of the owner
- Contractual Liability
Commercial Auto Liability: $1,000,000 Bodily Injury & Property Damage. Including all owned, leased, hired and non-owned automobiles
alteration of electronic and non-electronic information, extortion and network security. The policy shall provide coverage for all expenses related to breach response costs but not limited to Governmental claims, regulatory fines and penalties as well as credit monitoring expenses with limits sufficient
to respond to these obligations.
Workers Compensation/Employers Liability Insurance:
To provide statutory worker’s compensation benefits as required by the laws of any and all states, cities, and locations in which Vendor’s employees , volunteers ,leased , temporary workers are located or perform services for Vendors provided under this Agreement and Employer’s Liability Insurance with a limit of not less than $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease Each Employee and $1,000,000 Bodily Injury by Disease Policy limit, including waiver of subrogation
All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation: Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.