Common use of Acceptable Insurers Clause in Contracts

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the DISTRICT’s Counsel. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against DISTRICT and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of AGREEMENT provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the DISTRICT, nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide DISTRICT with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. DISTRICT’s right to revise requirements. The DISTRICT reserves the right, at any time during the term of the AGREEMENT, to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the DISTRICT and CONTRACTOR may renegotiate CONTRACTOR’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICT. DISTRICT reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICT. Timely notice of claims. CONTRACTOR shall give DISTRICT prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in his/her/its own judgment may be necessary for its proper protection and prosecution of the work.

Appears in 3 contracts

Samples: Construction Contract, Service Agreement, Service Agreement

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Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the DISTRICTCITY’s Counselrisk manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and CITY, its elected or appointed officers, agents, officials, employees, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against DISTRICT CITY and shall require similar written express waivers and insurance clauses from each of its subconsultantssubconsultants and subcontractors. Enforcement of AGREEMENT CONTRACT provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the DISTRICT, CITY nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide DISTRICT to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. DISTRICTCITY’s right to revise requirements. The DISTRICT CITY reserves the right, right at any time during the term of the AGREEMENT, contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the DISTRICT CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICTCITY. DISTRICT CITY reserves the right to require that self-insured retentions be eliminated, lowered lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICTCITY. Timely notice of claims. CONTRACTOR shall give DISTRICT CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance insurance, which in his/her/its own judgment may be necessary for its proper protection and prosecution of the workWork.

Appears in 2 contracts

Samples: Sample Agreement, Performance Bond Agreement

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the DISTRICTCITY’s CounselRisk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and CITY, its elected or appointed officers, agents, officials, employees, employees and volunteers or shall specifically allow CONTRACTOR VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR VENDOR hereby waives its own right of recovery against DISTRICT CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of AGREEMENT contract provisions (non estoppel). CONTRACTOR VENDOR acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT CITY to inform CONTRACTOR VENDOR of non-compliance with any requirement imposes no additional obligations on the DISTRICT, CITY nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the VENDOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR. Any available insurance proceeds in excess of the Notice of cancellation. CONTRACTOR VENDOR agrees to oblige its insurance agent or broker and insurers to provide DISTRICT to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess excess/umbrella liability policies. DISTRICTProhibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review. CITY’s right to revise requirementsspecifications. The DISTRICT CITY reserves the right, right at any time during the term of the AGREEMENT, contract to change the amounts and types of insurance required by giving the CONTRACTOR a VENDOR ninety (90)-day 90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTORVENDOR, the DISTRICT CITY and CONTRACTOR VENDOR may renegotiate CONTRACTORVENDOR’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICTCITY. DISTRICT CITY reserves the right to require that self-insured retentions be eliminated, lowered lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICTCITY. Timely notice of claims. CONTRACTOR VENDOR shall give DISTRICT CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTORVENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance insurance, which in his/her/its own judgment may be necessary for its proper protection and prosecution of the workWork.

Appears in 1 contract

Samples: Vendor Agreement

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the DISTRICT’s Counselforegoing, XCU insurance shall have a rating of at least B-VI. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR CONSULTANT hereby waives its own right of recovery against DISTRICT CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of AGREEMENT contract provisions (non estoppel). CONTRACTOR CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT CITY to inform CONTRACTOR CONSULTANT of non-compliance noncompliance with any requirement imposes no additional obligations on the DISTRICT, CITY nor does it waive any rights hereunder. Requirements Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. CONTRACTOR CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide DISTRICT to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. DISTRICT’s right to revise requirements. The DISTRICT reserves the right, at any time during the term of the AGREEMENT, to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the DISTRICT and CONTRACTOR may renegotiate CONTRACTOR’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICT. DISTRICT reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICT. Timely notice of claims. CONTRACTOR shall give DISTRICT prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in his/her/its own judgment may be necessary for its proper protection and prosecution of the work.liability

Appears in 1 contract

Samples: Consultant Services Agreement

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Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the DISTRICT’s Counselrisk manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and DISTRICT, its elected or appointed officers, agents, officials, employees, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against DISTRICT and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of AGREEMENT contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the DISTRICT, nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to DISTRICT with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. DISTRICT’s right to revise requirements. The DISTRICT reserves the right, right at any time during the term of the AGREEMENT, contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the DISTRICT and CONTRACTOR may renegotiate CONTRACTOR’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICT. DISTRICT reserves the right to require that self-insured retentions be eliminated, lowered lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICT. Timely notice of claims. CONTRACTOR shall give DISTRICT prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance insurance, which in his/her/its own judgment may be necessary for its proper protection and prosecution of the workwork performed pursuant to this AGREEMENT.

Appears in 1 contract

Samples: Contractor Services Agreement

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the DISTRICTCITY’s Counselrisk manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and CITY, its elected or appointed officers, agents, officials, employees, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against DISTRICT CITY and shall require similar written express waivers and insurance clauses from each of its subconsultantssubconsultants and subcontractors. Enforcement of AGREEMENT CONTRACT provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the DISTRICT, CITY nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide DISTRICT to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. DISTRICTCITY’s right to revise requirements. The DISTRICT CITY reserves the right, right at any time during the term of the AGREEMENT, contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the DISTRICT CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICTCITY. DISTRICT CITY reserves the right to require that self-insured retentions be eliminated, lowered lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICTCITY. Timely notice of claims. CONTRACTOR shall give DISTRICT CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance insurance, which in his/her/its own judgment may be necessary for its proper protection and prosecution of the workWork.

Appears in 1 contract

Samples: Sample Agreement and Performance Bond

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