Full Agreement to the Insuring and Hold Harmless Conditions

Nov 24th, 2014 | By | Category: Hold Harmless

This agreement is being entered into by all indicated parties for any and all work done for, with, or on behalf of                                                         for the period starting with:                                    and running until                                                     .

 

This agreement is being provided for                                              by                                           in full agreement to the insuring and hold harmless conditions outlined below, and pertains to all work performed during this indicated period of time whether via written or verbal arrangements.

 

Prior to commencement of any work under this Contract and until completion and final acceptance of the work, the Contractor shall, at its sole expense, maintain the following insurance on its own behalf, and furnish to the Owner, certificates of insurance evidencing same and reflecting the effective date of such coverage as follows:

 

The term “Contractor” as used in this insurance rider shall mean and include contractors of every tier, including General Contractors and all subcontractors hired or employed for this project.

 

  1. Worker’s Compensation and Occupational Disease Insurance in accordance with the applicable law or laws; Employer’s Liability Insurance. Coverage must be included for sole proprietors.

 

  1. Commercial General Liability with a combined Bodily Injury and Property Damage limit of not less than Two Million ($2,000,000) dollars per occurrence and Four Million ($4,000,000) aggregate. The aggregate must be applicable on a per project and per location basis. Coverage must include the following perils:

 

  1. Broad Form Blanket Contractual Liability for liability assumed under this Contract and all other Contracts relative to the project.

 

  1. Completed Operations/Products Liability.

 

  1. Broad Form Property Damage

 

  1. Personal and Advertising Injury Liability

 

  1. Independent Contractors

 

  1. Endorsements must be furnished reflecting the inclusion of the interest of Owner, their officers, directors, partners, representatives, agents and employees, and naming each as an “Additional Insured on a primary basis”.

 

  1. Coverage is to be endorsed to reflect that insurance is to be primary with respect to any other collectable insurance, for the Owner and all other parties required to be named as additional insureds.

 

  1. Coverage is to be provided on an “occurrence” basis with carriers licensed and admitted to do business in the State of New York or otherwise acceptable to the Owner. Carriers must be rated A or better by Bests.

 

  1. A copy of policy and/or endorsement(s) and any other documents required to verify such insurance are to be submitted with the appropriate certificate(s), or upon the request of Owner. Failure to provide these documents is not to be construed as a waiver of the requirements to provide such insurance.

 

  1. The insurance company providing coverage must be aware of the work being performed by the contractor on this project. To confirm same, the work being per formed must be detailed on the certificate of insurance.

 

  1. Commercial Automobile Liability Insurance covering the use of all Owned, Non-Owned, and Hired Vehicles with combined Bodily Injury and Property Damage Limit of at least Two Million ($2,000,000) Dollars.

 

  1. Where an Off Project Site Property exposure exits, the Subcontractor at its sole expense shall furnish to the Owner, Certificates of Insurance and other required documentation evidencing the following coverage which shall provide for the interests of [Name of Owner] to be named as Loss Payees shall contain a provision requiring the insurance carriers to waive their rights of subrogation against all indemnities named in the contract.

 

“All Risk” Property Insurance on all materials, equipment and supplies intended to become a permanent part of the construction stored on premises away from the project site and while in transit, until actually delivered to the project site. Coverage is to be provided on a replacement cost basis.

 

  1. The above insurances shall each contain the following wording verbatim:

 

“[Name of Owner], is interested in the maintenance of this insurance and it is agreed that this insurance will not be canceled, materially changed or not renewed without at least a thirty (30) day advance written notice to [Name and address of Owner], certified mail – return receipt requested.”

 

  1. The amount of insurance contained in the aforementioned insurance coverages shall not be construed to be a limitation of the liability on the part of any Contractor.

 

  1. The Contractor shall file certificates of insurance prior to the commencement of work with the Owner which shall be subject to the Owners approval of adequacy of protection and the satisfactory character of the Insurer. The certificate of insurance language detailed above the authorized representative, must read as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will mail written notice to the certificate holder named to the left.”

 

  1. Any type of insurance or any increase of limits of liability not described above which the Contractor requires for its own protection or on account of statute shall be its own responsibility and at its own expense.

 

  1. The carrying of the insurance described shall in no way be interpreted as relieving the Contractor of any responsibility of liability under this Contract.

 

  1. Any policies effected by the Contractor on its Owned and/or Rented Equipment and Materials shall contain a provision requiring the insurance carriers to waive their rights of subrogation against the [Name of Owner] and all other indemnities named in the Contract.

 

  1. Should the Contractor engage a Subcontractor, the same conditions will apply under this contract to each Subcontractor, however, the retained Subcontractor shall be required to maintain limits of liability of not less than Two Million ($2,000,000) Dollars per occurrence and Four Million ($4,000,000) Dollars in the aggregate, with said limits applicable on a per project basis, or such greater limits as may be required by the retaining Subcontractor.

 

HOLD HARMLESS:

 

To the fullest extent permitted by law, Contractor will indemnify and hold harmless Owner, their officers, directors, partners, representatives, agents and employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner from injury and/or death of person or damage to or loss of any property resulting from the acts, omissions, breach or default of contractor, its officers, directors, agents, employees and subcontractors, in connection with the performance of any work by or for contractor pursuant to any contract Purchase Order and/or related Proceed Order, except these claims, suits, liens, judgments, damages, losses and expenses caused by the negligence of (name of owner). Contractor will defend and bear all costs of defending any actions or proceeding brought against Owner, their officers, directors, agents and employees, arising in whole or in part our of any such acts, omission, breach or default. The foregoing indemnity shall include injury, death or disability of any employee of the Contractor and shall not be limited in any way by an amount or type of damage, compensation, or benefits payable under any applicable workers compensation, disability benefits or other similar employees benefit act.

 

The Contractor hereby expressly permits the Owner to pursue and assert claims against the Contractor for indemnity, contribution and common law negligence arising out of claims for damages for death and personal injury.

 

 

 

OWNER (Signature)                                                                 CONTRACTOR (Signature)

 

 

 

(Printed name and title)                            (Date)                      (Printed name and title)                            (Date)

 

 

 

 

 

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