Common use of Indemnification and Insurance Requirements Clause in Contracts

Indemnification and Insurance Requirements. (a) The Licensee shall defend and indemnify the City against any and all claims, suits, demands for damages or liability to persons or property, costs, and expenses (including reasonable attorneys’ fees and costs), for compensation on account of, or in any way growing out of or related to the design, construction, installation, maintenance, dismantling, collapse or in any way growing out of the use and occupancy by the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, except if caused by the sole negligence of the City, its agents, contractors, subcontractors and/or employees. (b) The Licensee shall defend and indemnify the City against any and all claims, suits, demands for damages or liability to person or property, costs, expenses (including reasonable attorneys’ fees and costs), or for compensation on account of, or in any way growing out of or related to any act, failure to act or neglect of the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, except if caused by the sole negligence of the City, its agents, contractors, subcontractors and/or employees. (c) The Licensee shall defend and indemnify the City against all claims, suits, demands for damages or liability, costs, expenses or compensation for, on account of, or in any way growing out of the leakage of gas, sewage or water into or upon the City’s property growing out of or related to any act, failure to act or neglect of the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, or by reason of any violation of any term or specification contained in this Temporary License Agreement, except if caused by the sole negligence of the City, its agents, contractors and/or employees. (d) The Licensee shall obtain and maintain liability insurance for any and all times during which the License is in effect and Licensee uses and/or occupies City Property for the Sidewalk/Street Patio; all such insurance coverages shall be maintained throughout the entire Term. Failure to provide and continue in force such insurance as required herein shall be deemed a material Breach of this Temporary License Agreement and shall operate as immediate termination of this Temporary License Agreement and immediate revocation of the License granted by it. The minimum amount of general liability insurance shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. The minimum amount of liquor liability insurance shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate. Assault and battery coverage shall not be excluded from either the general liability insurance or the liquor liability insurance and shall be provided for the full policy limits of each. The minimum amount of worker’s compensation (employer’s liability) insurance shall be Five Hundred Thousand Dollars ($500,000) per any one accident and Five Hundred Thousand Dollars ($500,000) per illness. The minimum amount of umbrella insurance shall be in the amount of One Million Dollars ($1,000,000) combined single limit. The City shall be named as an additional insured for each of the above insurance coverages. All insurance carriers shall carry an A.M. Best rating of “A-”or better. Each policy shall provide for a 30-day notice of cancellation or non-renewal clause, which clause shall also be indicated on each Certificate of Insurance. Licensees having multiple locations of operation shall provide evidence of “per location” limits of coverage pertaining to the Site and Sidewalk/Street Patio. Copies of each Certificate of Insurance naming the City of Cambridge as an additional insured are attached hereto as EXHIBIT “B”. All contractors and sub-contractors performing work in the Sidewalk/Street Patio area shall be required to carry general liability, workers’ compensation and umbrella insurance in the above amounts, naming the Licensee and the City as additional insureds, and the Licensee shall provide the City with copies of each such Certificate of Insurance naming the City as an additional insured. (e) The City shall give written notice if legally required of any such suits, actions, claims, demands, damages or losses, expenses or costs to the Licensee. In the event that any such suit, action, claim, demand or notice of damage, loss expense or cost arises for which the City may seek indemnification hereunder then the Licensee shall have the obligation to defend the City in connection therewith.

Indemnification and Insurance Requirements. (a) The Licensee shall defend and indemnify the City against any and all claims, suits, demands for damages or liability to persons or property, costs, and expenses (including reasonable attorneys’ fees and costs), for compensation on account of, or in any way growing out of or related to the design, construction, installation, maintenance, dismantling, collapse or in any way growing out of the use and occupancy by the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, except if caused by the sole negligence of the City, its agents, contractors, subcontractors and/or employees. (b) The Licensee shall defend and indemnify the City against any and all claims, suits, demands for damages or liability to person or property, costs, expenses (including reasonable attorneys’ fees and costs), or for compensation on account of, or in any way growing out of or related to any act, failure to act or neglect of the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, except if caused by the sole negligence of the City, its agents, contractors, subcontractors and/or employees. (c) The Licensee shall defend and indemnify the City against all claims, suits, demands for damages or liability, costs, expenses or compensation for, on account of, or in any way growing out of the leakage of gas, sewage or water into or upon the City’s property growing out of or related to any act, failure to act or neglect of the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, or by reason of any violation of any term or specification contained in this Temporary License Agreement, except if caused by the sole negligence of the City, its agents, contractors and/or employees. (d) The Licensee shall obtain and maintain liability insurance for each year during any and all times during portion of which the License is in effect and Licensee uses and/or occupies City Property the City’s property for the Sidewalk/Street Patio; all such insurance coverages shall be maintained throughout the entire Term. Failure to provide and continue in force such insurance as required herein shall be deemed a material Breach breach of this Temporary License Agreement and shall operate as immediate termination of this Temporary License Agreement and immediate revocation of the License granted by it. The minimum amount of general liability insurance shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. The minimum amount of liquor liability insurance shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate. Assault and battery coverage shall not be excluded from either the general liability insurance or the liquor liability insurance and shall be provided for the full policy limits of each. The minimum amount of worker’s compensation (employer’s liability) insurance shall be Five Hundred Thousand Dollars ($500,000) per any one accident and Five Hundred Thousand Dollars ($500,000) per illness. The minimum amount of umbrella insurance shall be in the amount of One Million Dollars ($1,000,000) combined single limitlimit and One Million Dollars ($1,000,000) in the aggregate. The City shall be named as an additional insured for each of the above insurance coverages. All insurance carriers shall carry an A.M. an A. M. Best rating of “A-”or better. Each policy shall provide for a 30-day notice of cancellation or non-renewal clause, which clause shall also be indicated on each Certificate of Insurance. Licensees having multiple locations of operation shall provide evidence of “per location” limits of coverage pertaining to the Site and Sidewalk/Street Patio. Copies of each Certificate of Insurance naming the City of Cambridge Cambridge, 000 Xxxxxxxxxxxxx Xxxxxx, as an additional insured are attached hereto as EXHIBIT “B”” and shall be provided annually thereafter. All contractors and sub-contractors performing work in the Sidewalk/Street Patio area shall be required to carry general liability, workers’ compensation and umbrella insurance in the above amounts, naming the Licensee and the City as additional insureds, and the Licensee shall provide the City with copies of each such Certificate of Insurance naming the City as an additional insured. (e) The City shall give written notice if legally required of any such suits, actions, claims, demands, damages or losses, expenses or costs to the Licensee. In the event that any such suit, action, claim, demand or notice of damage, loss expense or cost arises for which the City may seek indemnification hereunder then the Licensee shall have the obligation to defend the City in connection therewith.

Indemnification and Insurance Requirements. (a) The Licensee shall defend and indemnify the City against any and all claims, suits, demands for damages or liability to persons or property, costs, and expenses (including reasonable attorneys’ fees and costs), for compensation on account of, or in any way growing out of or related to the design, construction, installation, maintenance, dismantling, collapse or in any way growing out of the use and occupancy by the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, except if caused by the sole negligence of the City, its agents, contractors, subcontractors and/or employees. (b) The Licensee shall defend and indemnify the City against any and all claims, suits, demands for damages or liability to person or property, costs, expenses (including reasonable attorneys’ fees and costs), or for compensation on account of, or in any way growing out of or related to any act, failure to act or neglect of the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, except if caused by the sole negligence of the City, its agents, contractors, subcontractors and/or employees. (c) The Licensee shall defend and indemnify the City against all claims, suits, demands for damages or liability, costs, expenses or compensation for, on account of, or in any way growing out of the leakage of gas, sewage or water into or upon the City’s property growing out of or related to any act, failure to act or neglect of the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, or by reason of any violation of any term or specification contained in this Temporary License Agreement, except if caused by the sole negligence of the City, its agents, contractors and/or employees. (d) The Licensee shall obtain and maintain liability insurance for each year during any and all times during portion of which the License is in effect and Licensee uses and/or occupies City Property the City’s property for the Sidewalk/Street Patio; all such insurance coverages shall be maintained throughout the entire Term. Failure to provide and continue in force such insurance as required herein shall be deemed a material Breach breach of this Temporary License Agreement and shall operate as immediate termination of this Temporary License Agreement and immediate revocation of the License granted by it. The minimum amount of general liability insurance shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. The minimum amount of liquor liability insurance shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate. Assault and battery coverage shall not be excluded from either the general liability insurance or the liquor liability insurance and shall be provided for the full policy limits of each. The minimum amount of worker’s compensation (employer’s liability) insurance shall be Five Hundred Thousand Dollars ($500,000) per any one accident and Five Hundred Thousand Dollars ($500,000) per illness. The minimum amount of umbrella insurance shall be in the amount of One Million Dollars ($1,000,000) combined single limitlimit and One Million Dollars ($1,000,000) in the aggregate. The City shall be named as an additional insured for each of the above insurance coverages. All insurance carriers shall carry an A.M. Best rating of “A-”or better. Each policy shall provide for a 30-30- day notice of cancellation or non-renewal clause, which clause shall also be indicated on each Certificate of Insurance. Licensees having multiple locations of operation shall provide evidence of “per location” limits of coverage pertaining to the Site and Sidewalk/Street Patio. Copies of each Certificate of Insurance naming the City of Cambridge Cambridge, 000 Xxxxxxxxxxxxx Xxxxxx, as an additional insured are attached hereto as EXHIBIT “B”” and shall be provided annually thereafter. All contractors and sub-sub- contractors performing work in the Sidewalk/Street Patio area shall be required to carry general liability, workers’ compensation and umbrella insurance in the above amounts, naming the Licensee and the City as additional insureds, and the Licensee shall provide the City with copies of each such Certificate of Insurance naming the City as an additional insured. (e) The City shall give written notice if legally required of any such suits, actions, claims, demands, damages or losses, expenses or costs to the Licensee. In the event that any such suit, action, claim, demand or notice of damage, loss expense or cost arises for which the City may seek indemnification hereunder then the Licensee shall have the obligation to defend the City in connection therewith.

Indemnification and Insurance Requirements. (a) The Licensee shall defend and indemnify the City against any and all claims, suits, demands for damages or liability to persons or property, costs, and expenses (including reasonable attorneys’ fees and costs), for compensation on account of, or in any way growing out of or related to the design, construction, installation, maintenance, dismantling, collapse or in any way growing out of the use and occupancy by the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, except if caused by the sole negligence of the City, its agents, contractors, subcontractors and/or employees. (b) The Licensee shall defend and indemnify the City against any and all claims, suits, demands for damages or liability to person or property, costs, expenses (including reasonable attorneys’ fees and costs), or for compensation on account of, or in any way growing out of or related to any act, failure to act or neglect of the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, except if caused by the sole negligence of the City, its agents, contractors, subcontractors and/or employees. (c) The Licensee shall defend and indemnify the City against all claims, suits, demands for damages or liability, costs, expenses or compensation for, on account of, or in any way growing out of the leakage of gas, sewage or water into or upon the City’s property growing out of or related to any act, failure to act or neglect of the Licensee, its agents, contractors, subcontractors, employees, patrons, invitees and/or users of the Site and Sidewalk/Street Patio, or by reason of any violation of any term or specification contained in this Temporary License Agreement, except if caused by the sole negligence of the City, its agents, contractors and/or employees. (d) The Licensee shall obtain and maintain liability insurance for any and all times during which the License is in effect and Licensee uses and/or occupies City Property for the Sidewalk/Street Patio; all such insurance coverages shall be maintained throughout the entire Term. Failure to provide and continue in force such insurance as required herein shall be deemed a material Breach of this Temporary License Agreement and shall operate as immediate termination of this Temporary License Agreement and immediate revocation of the License granted by it. The minimum amount of general liability insurance shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. The minimum amount of liquor liability insurance shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate. Assault and battery coverage shall not be excluded from either the general liability insurance or the liquor liability insurance and shall be provided for the full policy limits of each. The minimum amount of worker’s compensation (employer’s liability) insurance shall be Five Hundred Thousand Dollars ($500,000) per any one accident and Five Hundred Thousand Dollars ($500,000) per illness. The minimum amount of umbrella insurance shall be in the amount of One Million Dollars ($1,000,000) combined single limit. The City shall be named as an additional insured for each of the above insurance coverages. All insurance carriers shall carry an A.M. Best rating of “A-”or A-” or better. Each policy shall provide for a 30-day notice of cancellation or non-renewal clause, which clause shall also be indicated on each Certificate of Insurance. Licensees having multiple locations of operation shall provide evidence of “per location” limits of coverage pertaining to the Site and Sidewalk/Street Patio. Copies of each Certificate of Insurance naming the City of Cambridge as an additional insured are attached hereto as EXHIBIT “B”. All contractors and sub-contractors performing work in the Sidewalk/Street Patio area shall be required to carry general liability, workers’ compensation and umbrella insurance in the above amounts, naming the Licensee and the City as additional insureds, and the Licensee shall provide the City with copies of each such Certificate of Insurance naming the City as an additional insured. (e) The City shall give written notice if legally required of any such suits, actions, claims, demands, damages or losses, expenses or costs to the Licensee. In the event that any such suit, action, claim, demand or notice of damage, loss expense or cost arises for which the City may seek indemnification hereunder then the Licensee shall have the obligation to defend the City in connection therewith.