Who will bear of responsibility of procuring the insurance required by the contract.
The underwriting intention of the exclusion is not to exclude the primary form of liability to which the insurance intends to respond, merely because the liability arises by reason of the existence or terms of a contract. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this contract, Commercial General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" basis.
Accepting unlimited liability for libel and other lawsuits. There is a condition in a Commercial General Liability CGL policy which allows for the policy to provide protection against a claim by one insured like the named insured, for example, the Contractor against another insured like an additional insured, for example, the County.
Keep it somewhere safe for future reference and hold on to it for longer than you think you might need to in case there is a dispute in the future over what happened. The days notice of cancellation provision shall be physically endorsed on to the policy.
This is the "Separation of Insureds" condition.
An example is an attorney who is a sole proprietor and has no employees. This is the "Separation of Insureds" condition. There are only a few situations where all of these provisions would not be required. The Payment Bond guarantees that suppliers of labor or materials or subcontractors will be paid.
A Performance Bond is the key bond on a work project when the County not only wants the work completed but wants it done on time and according to specifications. General features[ edit ] The insurance contract or agreement is a contract whereby the insurer promises to pay benefits to the insured or on their behalf to a third party if certain defined events occur.
We do not want contractors claiming that they thought the only requirement was to have insurance at the time the contract was bid. Builder's Risk This provision addresses the loss of or damage to a County building, construction supplies, or construction equipment during new construction.
Contract Termination In the event contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate the contract upon the occurrence of such event, subject to the provisions of the contract.
For example, a review of home insurance policies found substantial differences in various provisions. If you are going to go without a contract, you will need to keep as much evidence as possible about what you both had agreed to and what actually happened.
Purchase Orders Insurance will be required from vendors supplying the County with services under purchase orders. All other pages are standard forms that refer back to terms defined in the declarations as needed. This paragraph states that, in the event of a claim against both the contractor and the state, the contractor's insurance will respond first, rather contribute to whatever insurance the state maintains, therefore, the contractor's insurance is primary rather than excess coverage.
On the certificate of insurance provided by the Contractor as proof of insurance coverage, "Multnomah County, its officers, directors, and employees" shall be listed as an additional insured.
Garagekeepers' Legal Liability This wording should be used when a subcontractor will be taking possession of County vehicles or acting as a bailee in some manner relating to County vehicles. MP2 Automobileunless services provided will be driving as part of work performed.
In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.
Underwriters, however, usually will not cover liabilities assumed over and above those imposed by the general laws of tort, statute and for breach of the basic contractual performance obligation, unless special terms are negotiated.
This includes leased and rented equipment. Traditionally, policy forms have been so rigidly standardized that they have no blank spaces to be filled in.
If the contractor will likely be using vehicles to complete the project or driving a vehicle onto State property, automobile liability insurance should be required.
Require your publisher to register your work with the Copyright Office in your name within three months of publication. This insurance shall include Multnomah County, the Contractor and its subcontractors as their interests may appear.
Unfortunately the insurance industry has become addicted to the practice of building into policies one condition or exception upon another in the shape of a linguistic Tower of Babel.
These issues can be complicated and costly to parties. We need notice in order to ensure that the contractor secures coverage from another carrier and to assess whether the contract should be cancelled if the contractor does not maintain the required insurance. Cross-Liability Clause Liability claims by one insured against another insured both named as insureds in the same policy are usually referred to as "cross liability" claims.
ADD 11 when County is Lessee only. At least ask for a photocopy and check that it is accurate. Waiver of Subrogation This language should be used when the County is a tenant of a building and should be incorporated in the lease agreement.
Coverage for any subcontractor activity is not included. There are fields for the start and stop times, the scope of the project, and payment terms. Discretion must be used in the application of this provision.
The certificate should not just list a specific County department as additional insured. Non-imputation clauses operate so that the knowledge of one insured cannot be imputed to another.
INDEPENDENT CONTRACTOR SERVICE AGREEMENT Effective Date: _____ This INDEPENDENT CONTRACTOR SERVICE AGREEMENT (this “Agreement”) is Contractor in the event Contractor fails to maintain required insurance or engages in any then in effect.
Requests for mediation shall be filed in writing with the other party to.
Demand to be included in the publisher’s media liability insurance. *Contract review services are unavailable for emerging writer and student memberships. Include an audit clause in your contract so that you or your representative can examine the publisher’s sales records in connection with your work.
Don’t allow the publisher to.
If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. This new insurance must still meet the terms of the original contract. Maintain private clause and contract libraries. Automatically build contract assembly tools from your libraries.
Contact Us. Services. Let us help you build a private template library. Using sophisticated machine learning technology, we can mine your executed agreements for standard language and common variations. To avoid unintended consequences when drafting insurance provisions in contracts, it is important to consider such provisions in light of the nature and availability of the policies which the contemplated transaction or project may require, as well as any indemnities that may be prescribed by the contract.
10 ‘Must-Have’ Contract Clauses. Your firm’s survival in the marketplace Delete any client-provided contract clause that gives you control or charge of the contractor, including the • You might prefer to have the option to temporarily suspend your services and keep the contract in force until the: client cures the breach.Contract insurance clause writing services