Common use of Drawing Phase Services Clause in Contracts

Drawing Phase Services. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the insurance policy limit of liability. Commercial Automobile Liability: Automobile Liability insurance with limits of not less than $1,000,000 per accident. Such insurance shall cover liability arising out of the operation of a motor vehicle, including owned, hired, and non-owned motor vehicles, assigned to or used in connection with the performance of the Services. Workers' Compensation: Statutory workers' compensation insurance providing coverage for all its employees who will be engaged in the performance of the Services, including special coverage extensions where applicable, and employer’s liability insurance with limits of liability of not less than $1,000,000 for each accident, $1,000,000 as the aggregate disease policy limit, and $1,000,000 as the disease limit for each employee. Professional Liability. As an alternative to including professional liability for insurance within the coverage provided by the Commercial General Liability policy, Contractor may provide separate Professional Liability insurance covering the Contractor's acts, errors or omissions committed or alleged to have been committed which arise out of rendering or failure to render the Services provided under the terms of this Agreement. The policy shall provide limits of not less than $5,000,000 per claim or per occurrence and $5,000,000 annual aggregate. If the policy is written on a "claims made" form, the Contractor shall continue such coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of completion of the Work which is the subject of this Agreement. The retroactive date or "prior acts inclusion date" of any such "claims made" policy must be no later than the date that activities commence pursuant to this Agreement. Insurance Requirements for the Construction Phase: refer to Exhibit H, General Conditions of the Contract for Construction (Document 00700). Neither the AOC, nor any officer or employee of the AOC, shall be liable for any loss or damage that may happen to the Work, or any part thereof; nor to any of the materials or other items used or employed in performing the Work; nor for injury to any person or persons, either workers or the public, for damage to property from any cause which might have been prevented by the Contractor, or the Contractor's employees or agents, against all of which injuries or damages the Contractor shall properly guard. The Contractor shall indemnify and hold harmless the AOC, and all officers and employees of the AOC, from all suits, actions or claims brought for, or on account of injuries or damages received or sustained by any person or persons, by or from the Contractor, the Contractor's employees or agents, in construction of the Work, or by or in consequence of the Contractor's failure to properly guard the same, or by or as a result of any act or omission of the Contractor, the Contractor's employees or agents. In addition to any remedy authorized by law, moneys due the Contractor under the Contract, as considered necessary by the AOC, may be retained until disposition has been made of such suits, actions, or claims for damages; however, this provision shall not be construed as precluding the AOC from enforcing any right of offset the AOC may have to any such moneys. NO PERSONAL LIABILITY: Neither the AOC, nor any other officer or employee of the AOC will be personally responsible for liabilities arising under the Contract. The AOC may, at any time, by delivery of a Stop Services Order to the Contractor, require the Contractor to stop all, or any part, of the Services pursuant to this Agreement, for a period up to ninety (90) days after the Stop Services Order is delivered to the Contractor, and for any further period to which the parties may agree. The Stop Services Order shall be specifically identified as such and shall indicate it is issued under this section. Upon receipt of the Stop Services Order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Services Order during the period of Services stoppage. The AOC shall not be liable to the Contractor for any costs, expenses, or loss of profits because of the Stop Services Order issued under this provision unless expressly specified in the Stop Services Order.

Appears in 9 contracts

Samples: Construction Contract, Cm at Risk Agreement, Cm at Risk Agreement

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