Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment. 12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR. 19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time. 28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 8 contracts
Samples: Contract for Covid 19 Responsive Homeless Services, Contract Amendment for Provision of Temporary Isolation Shelter Services, Contract for Provision of Services
Indemnification and Insurance. 2 25 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 26 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 27 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 28 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 29 including but not limited to personal injury or property damage, arising from or related to the services, 7 30 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 31 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 32 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 33 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 34 a jury apportionment.
12 35 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase shall carry all 13 required 36 insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy 37 COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to shall 1 keep such insurance coverage, coverage current and shall provide current Certificates of Insurance, Insurance and endorsements 16 on deposit with 2 to COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 9 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 10 must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY 11 representative(s) at any reasonable time.
28 12 D. All SIRs self-insured retentions (SIRs) shall be clearly stated on the COICertificate of Insurance. Any SIR in an amount SIRs 13 in excess of fifty thousand 29 dollars Fifty Thousand Dollars ($50,000) shall specifically be approved by COUNTY’s Risk 14 Manager or designee. COUNTY reserves the CEO/Office of Risk Management upon review ofright to require current audited financial reports from
Appears in 6 contracts
Samples: Contract for Provision of Recovery Residence Services, Contract for Provision of Services, Contract for Provision of Recovery Residence Services
Indemnification and Insurance. 2 22 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 23 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 24 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 25 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 26 including but not limited to personal injury or property damage, arising from or related to the services, 7 27 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 28 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 29 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 30 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 31 a jury apportionment.
12 32 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 33 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 34 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 35 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 36 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 37 // 1 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 2 conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 9 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 10 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 11 by 27 COUNTY representative(s) at any reasonable time.
28 12 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 13 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 14 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 15 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 16 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 17 other indemnity provision(s) in this Agreement, agrees to all of the following:
18 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 19 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 20 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 21 cost and expense with counsel approved by Board of Supervisors against same; and
22 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 23 duty to indemnify or hold harmless; and
24 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 25 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 26 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
27 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 28 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 29 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 30 this Agreement.
Appears in 5 contracts
Samples: Agreement for Provision of Full Service Partnership/Wraparound Services for Youthful Offenders, Agreement for Provision of Behavioral Health Outpatient Services, Agreement for Provision of Behavioral Health Outpatient Services
Indemnification and Insurance. 2 6 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 7 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 8 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 9 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 10 including but not limited to personal injury or property damage, arising from or related to the services, 7 11 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 12 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 13 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 14 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 15 a jury apportionment.
12 16 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 17 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 18 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 19 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 20 deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 21 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 22 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 23 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 24 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 25 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 26 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 27 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 28 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 29 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 30 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 31 by 27 COUNTY representative(s) at any reasonable time.
28 32 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 33 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 34 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 35 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 36 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 37 other indemnity provision(s) in this Agreement, agrees to all of the following:
1 1. In addition to the duty to indemnify and hold COUNTY harmless against any and all 2 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 3 subcontractor’s performance of this Agreement, CONTRACTOR shall defend COUNTY at its sole cost 4 and expense with counsel approved by Board of Supervisors against same; and
5 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 6 duty to indemnify or hold harmless; and
7 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 8 which the duty to defend stated above applies, and CONTRACTOR’s SIR provision shall be interpreted 9 as though CONTRACTOR was an insurer and COUNTY was the insured.
10 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 11 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 12 constitute a breach of CONTRACTOR’s obligation hereunder and grounds for COUNTY to terminate 13 this Agreement.
Appears in 5 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase carry all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coveragecoverage current, provide Certificates of Insurance, and endorsements 16 on deposit with to COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs self-insured retentions (SIRs) shall be clearly stated on the COICertificate of Insurance. Any SIR SIRs in an amount in excess of fifty thousand 29 dollars Fifty Thousand Dollars ($50,000) shall specifically be approved by County’s Risk Manager, or designee. COUNTY reserves the CEO/Office right to require current audited financial reports from CONTRACTOR. If CONTRACTOR is self-insured, CONTRACTOR shall indemnify COUNTY for any and all claims resulting or arising from CONTRACTOR’S services in accordance with the indemnity provision stated in this Contract. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of Risk Management upon review ofthe following:
1. In addition to the duty to indemnify and hold COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Contract, CONTRACTOR shall defend COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and CONTRACTOR’s SIR provision shall be interpreted as though CONTRACTOR was an insurer and COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this Contract, COUNTY may terminate this Contract.
Appears in 5 contracts
Samples: Contract for Psychiatric and Basic Medical Services, Contract for Adult Behavioral Health Outpatient Recovery Center Services, Contract for Adult Behavioral Health Outpatient Recovery Center Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, the CONTRACTOR agrees to purchase carry all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coveragecoverage current, provide Certificates of Insurance, and endorsements 16 on deposit with to the COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All self-insured retentions SIRs shall be clearly stated on the COICertificate of Insurance. Any SIR SIRs in an amount in excess of fifty thousand 29 dollars Fifty Thousand Dollars ($50,000) shall specifically be approved by the CEO/Office County’s Risk Manager, or designee. The COUNTY reserves the right to require current audited financial reports from CONTRACTOR. If CONTRACTOR is self-insured, CONTRACTOR will indemnify the County for any and all claims resulting or arising from CONTRACTOR’S services in accordance with the indemnity provision stated in this Contract. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of Risk Management upon review ofthe following:
1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Contract, CONTRACTOR shall defend the COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance acceptable to the COUNTY for the full term of this Contract, the COUNTY may terminate this Contract.
Appears in 5 contracts
Samples: Contract for Medi Cal Administrative Activities, Contract for Targeted Case Management Services, Contract for Medi Cal Administrative Activities
Indemnification and Insurance. 2 35 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 36 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 37 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 1 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 2 including but not limited to personal injury or property damage, arising from or related to the services, 7 3 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 4 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 5 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 6 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 8 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 9 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 10 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 11 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 12 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 13 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 14 to the same terms and conditions as set forth herein for CONTRACTOR.
19 15 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 16 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 17 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 18 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 19 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 20 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 21 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 22 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 23 COUNTY representative(s) at any reasonable time.
28 24 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 25 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 4 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Agreement, agrees to all of the following:
1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate this Agreement.
Appears in 4 contracts
Samples: Contract for Provision of Services, Agreement for Provision of Drug Medi Cal Narcotic Replacement Therapy Treatment Services, Agreement for Provision of Warmline Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 COUNTY and hold 3 COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and 4 agencies for which COUNTY’s Board of Supervisors acts as the governing Board (COUNTY 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands demands, including defense costs, or liability of any kind or 6 nature, 6 including but not limited to personal Personal injury or property damage, arising from or related to the 7 services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If 8 judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because 9 of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall request 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 14 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 15 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the 16 entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 17 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 18 conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 20 indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an 21 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 22 CEO/Office of Risk Management upon review ofManagement.
23 D. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 24 Agreement, COUNTY may terminate this Agreement.
Appears in 4 contracts
Samples: Agreement for Provision of Emergency Services, Agreement for Provision of Services, Agreement for Provision of Services
Indemnification and Insurance. 2 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of InsuranceInsurance (COI), and endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Agreement, agrees to all of the following:
1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance acceptable to the COUNTY for the full term of this Agreement, the COUNTY may terminate this Agreement.
Appears in 3 contracts
Samples: Agreement for Provision of Recovery Residence Services, Agreement for Provision of Recovery Residence Services, Agreement for Provision of Recovery Residence Services
Indemnification and Insurance. 2 18 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 19 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 20 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 21 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 22 including but not limited to personal injury or property damage, arising from or related to the services, 7 23 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 24 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 25 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 26 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 27 request a jury apportionment.
12 28 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 29 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 30 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 31 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 32 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 33 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 34 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 35 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 36 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 37 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 1 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 2 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 3 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 4 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 5 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 6 by 27 COUNTY representative(s) at any reasonable time.
28 7 D. All SIRs and deductibles shall be clearly stated on the COI. Any SIR or deductible in an 8 amount in excess of fifty thousand 29 dollars ($50,000) 50,000 shall specifically be approved by the CEO/Office of Risk Management 9 upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is 10 approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) 11 in this Agreement, agrees to all of the following:
12 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 13 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 14 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 15 cost and expense with counsel approved by Board of Supervisors against same; and
16 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 17 duty to indemnify or hold harmless; and
18 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 19 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 20 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
21 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 22 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 23 constitute a breach of CONTRACTOR’s obligation hereunder and grounds for COUNTY to terminate 24 this Agreement.
Appears in 3 contracts
Samples: Agreement for Provision of Homeless Bridge Housing Services, Agreement for Provision of Homeless Bridge Housing Services, Agreement for Provision of Homeless Bridge Housing Services
Indemnification and Insurance. 2 16 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 17 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 18 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 19 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 20 including but not limited to personal injury or property damage, arising from or related to the services, 7 21 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 22 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 23 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 24 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 25 a jury apportionment.
12 26 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 27 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 28 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 29 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 30 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 31 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 32 conditions as set forth herein for CONTRACTOR.
19 33 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 34 indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an 35 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 36 CEO/Office of Risk Management upon review ofManagement. 37 //
1 D. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 2 Agreement, COUNTY may terminate this Agreement.
Appears in 3 contracts
Samples: Mental Health Services Agreement, Agreement for Provision of Mental Health Outpatient Services, Agreement for Provision of Mental Health Outpatient Services
Indemnification and Insurance. 2 34 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 35 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 36 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 37 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 1 including but not limited to personal injury or property damage, arising from or related to the services, 7 2 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 3 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 4 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 5 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 7 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 8 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 9 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 10 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 11 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 12 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 13 to the same terms and conditions as set forth herein for CONTRACTOR.
19 14 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 15 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 16 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 17 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 18 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 19 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 20 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 21 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 22 COUNTY representative(s) at any reasonable time.
28 23 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 24 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 3 contracts
Samples: Contract for Provision of Medi Cal Mental Health Managed Care Psychiatric Inpatient Hospital Services, Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 20 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 21 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 22 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 23 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 24 including but not limited to personal injury or property damage, arising from or related to the services, 7 25 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 26 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 27 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 28 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 29 request a jury apportionment.
12 30 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 31 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 32 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 33 CONTRACTOR agrees to keep such insurance coverage, Certificates of InsuranceInsurance (COI), and 34 endorsements 16 on deposit with COUNTY during the entire term of this Contract. In addition, all 35 subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain 36 insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.. 37 //
19 1 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 2 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 3 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 4 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 5 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 6 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 7 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 8 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 9 COUNTY representative(s) at any reasonable time.
28 10 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 11 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 3 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 17 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 18 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 19 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 20 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 21 including but not limited to personal injury or property damage, arising from or related to the services, 7 22 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 23 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 24 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 25 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 26 a jury apportionment.
12 27 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 28 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 29 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 30 CONTRACTOR agrees to keep such insurance coverage, Certificates of InsuranceInsurance (COI), and 31 endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all 32 subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain 33 insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 34 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 35 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 36 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 37 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 1 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 2 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 3 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 4 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 5 COUNTY representative(s) at any reasonable time.
28 6 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 7 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 3 contracts
Samples: Recovery Residence Services, Agreement for Provision of Recovery Residence Services, Agreement for Provision of Recovery Residence Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, coverage current and to provide Certificates of Insurance, Insurance (COI) and endorsements 16 on deposit with to COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs self-insured retentions (SIRs) shall be clearly stated on the COI. Any SIR in an amount SIRs in excess of fifty thousand 29 dollars Fifty Thousand Dollars ($50,000) shall specifically be approved by COUNTY’s Risk Manager, or designee. COUNTY reserves the CEO/Office right to require current audited financial reports from CONTRACTOR. If CONTRACTOR is self-insured, CONTRACTOR will indemnify COUNTY for any and all claims resulting or arising from CONTRACTOR’s services in accordance with the indemnity provision stated in this Contract.
E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of Risk Management upon review ofthis Contract, COUNTY may terminate this Contract.
Appears in 3 contracts
Samples: Contract for Provision of Mental Health Peer Support and Wellness Center Services, Contract for Provision of Mental Health Peer Support and Wellness Center Services, Contract for Provision of Mental Health Peer Support and Wellness Center Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following:
1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Contract, CONTRACTOR shall defend the COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance acceptable to the COUNTY for the full term of this Contract, the COUNTY may terminate this Contract.
Appears in 3 contracts
Samples: Contract for Provision of Shelter Operator Services, Contract for Provision of Coordinated Entry System for Individuals, Contract for Provision of Coordinated Entry System for Individuals
Indemnification and Insurance. 2 5 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 6 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 7 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 8 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 9 including but not limited to personal injury or property damage, arising from or related to the services, 7 10 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 11 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 12 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 13 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 15 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 16 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 17 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 18 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 19 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 20 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 21 to the same terms and conditions as set forth herein for CONTRACTOR.
19 22 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 23 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 24 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 25 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 26 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 27 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 28 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 29 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 30 COUNTY representative(s) at any reasonable time.
28 31 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 32 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 3 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall request 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on 16 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor and 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by COUNTY 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 3 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 22 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 23 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 24 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 25 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 26 including but not limited to personal injury or property damage, arising from or related to the services, 7 27 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 28 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 29 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 30 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 32 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 33 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 34 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 35 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 36 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 37 // 1 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 2 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 9 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 10 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 11 by 27 COUNTY representative(s) at any reasonable time.
28 12 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 13 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 14 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 15 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 16 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 17 other indemnity provision(s) in this Agreement, agrees to all of the following:
18 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 19 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 20 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 21 cost and expense with counsel approved by Board of Supervisors against same; and
22 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 23 duty to indemnify or hold harmless; and
24 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 25 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 26 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
27 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 28 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 29 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 30 this Agreement.
Appears in 3 contracts
Samples: Contract for Behavioral Health Calworks Services, Behavioral Health Services Agreement, Agreement for Provision of Services
Indemnification and Insurance. 2 31 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 32 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 33 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 34 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 35 including but not limited to personal injury or property damage, arising from or related to the services, 7 36 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 37 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 1 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 2 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 3 a jury apportionment.
12 4 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 5 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 6 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 7 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 8 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 9 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 10 conditions as set forth herein for CONTRACTOR.
19 11 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 12 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 13 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 14 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 15 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 16 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 17 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 18 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 19 by 27 COUNTY representative(s) at any reasonable time.
28 20 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 21 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 22 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 23 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
24 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 25 Agreement, COUNTY may terminate this Agreement.
Appears in 3 contracts
Samples: Behavioral Health Services Agreement, Agreement for Provision of Outpatient Services, Agreement for Provision of Adolescent Residential Recovery Services
Indemnification and Insurance. 2 14 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 15 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 16 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 17 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 18 including but not limited to personal injury or property damage, arising from or related to the services, 7 19 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 20 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 21 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 22 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 23 a jury apportionment.
12 24 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 25 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 26 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 27 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the 28 entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 29 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 30 conditions as set forth herein for CONTRACTOR.
19 31 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 32 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 33 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 34 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 35 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 36 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 37 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 1 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 2 by 27 COUNTY representative(s) at any reasonable time.
28 3 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 4 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 5 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 6 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
7 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 8 Agreement, COUNTY may terminate this Agreement.
Appears in 3 contracts
Samples: Hiv Care Services Agreement, Hiv Care Services Agreement, Hiv Care Services Agreement
Indemnification and Insurance. 2 14 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 15 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 16 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 17 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 18 including but not limited to personal injury or property damage, arising from or related to the services, 7 19 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 20 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 21 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 22 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 23 a jury apportionment.
12 24 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 25 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 26 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 27 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the 28 entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 29 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 30 conditions as set forth herein for CONTRACTOR.
19 31 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 32 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 33 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 34 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 35 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 36 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 37 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 1 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 2 by 27 COUNTY representative(s) at any reasonable time.
28 3 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 4 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 5 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 6 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
7 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 8 Agreement, COUNTY may terminate this Agreement.
Appears in 3 contracts
Samples: Hiv Care Services Agreement, Agreement for Provision of Hiv Care Services, Agreement for Provision of Hiv Care Services
Indemnification and Insurance. 2 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 3 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 4 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 5 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 6 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 7 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 8 a jury apportionment.
12 9 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 10 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 11 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 12 deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing 13 work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 14 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 15 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 16 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 17 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 18 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 19 must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY 20 representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 3 contracts
Samples: Contract for the Provision of Surge Services for Employee Health Services, Contract for the Provision of Surge Services for Employee Health Services, Contract for the Provision of Surge Services for Employee Health Services
Indemnification and Insurance. 2 17 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 18 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 19 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 20 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 21 including but not limited to personal injury or property damage, arising from or related to the services, 7 22 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 23 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 24 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 25 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 26 a jury apportionment.
12 27 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 28 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 29 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 30 CONTRACTOR agrees to keep such insurance coverage, Certificates of InsuranceInsurance (COI), and 31 endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all 32 subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain 33 insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 34 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 35 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 36 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 37 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 1 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 2 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 3 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 4 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 5 COUNTY representative(s) at any reasonable time.
28 6 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 7 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 3 contracts
Samples: Agreement for Provision of Recovery Residence Services, Agreement for Provision of Recovery Residence Services, Agreement for Provision of Recovery Residence Services
Indemnification and Insurance. 2 15 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 16 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 17 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 18 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 19 including but not limited to personal injury or property damage, arising from or related to the services, 7 20 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 21 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 22 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 23 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 24 a jury apportionment.
12 25 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 26 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 27 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 28 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 29 deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 30 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 31 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 32 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 33 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 34 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 35 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 36 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 37 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 1 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 2 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 3 by 27 COUNTY representative(s) at any reasonable time.
28 4 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 5 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 6 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 7 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 8 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 9 other indemnity provision(s) in this Agreement, agrees to all of the following:
10 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 11 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 12 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 13 cost and expense with counsel approved by Board of Supervisors against same; and
14 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 15 duty to indemnify or hold harmless; and
16 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 17 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 18 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
19 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XIII 20 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 21 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 22 this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Mental Health Residential Rehabilitation and Enhanced Residential Rehabilitation Services, Mental Health Services Agreement
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall request 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on 16 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 17 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 18 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 19 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 20 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 21 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 22 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 23 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 24 must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY 25 representative(s) at any reasonable time.
28 26 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 27 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 24 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 25 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 26 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 27 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 28 including but not limited to personal injury or property damage, arising from or related to the services, 7 29 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 30 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 31 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 32 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 33 a jury apportionment.
12 34 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 35 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 36 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 37 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 1 deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 2 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 3 to the same terms and conditions as set forth herein for CONTRACTOR.
19 4 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 5 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 6 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 7 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 8 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 9 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 10 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 11 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 12 COUNTY representative(s) at any reasonable time.
28 13 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 14 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Agreement for Provision of Adult Residential Drug Medi Cal Substance Use Disorder Treatment Services, Agreement for Provision of Warmline Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Agreement, agrees to all of the following:
1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance acceptable to the COUNTY for the full term of this Agreement, the COUNTY may terminate this Agreement.
Appears in 2 contracts
Samples: Contract for Adult in Home Crisis Stabilization Services, Agreement for Provision of Psychiatric and Basic Medical Services
Indemnification and Insurance. 2 32 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 33 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 34 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 35 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 36 including but not limited to personal injury or property damage, arising from or related to the services, 7 37 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 1 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 2 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 3 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 5 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 6 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 7 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 8 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 9 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 10 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 11 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 12 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 13 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 14 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 15 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 16 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 17 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 18 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 19 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 20 by 27 COUNTY representative(s) at any reasonable time.
28 21 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 22 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Community Based Alcohol and Other Drug Prevention Services, Agreement for Provision of Perinatal Drug Medi Cal Substance Use Disorder Treatment Services
Indemnification and Insurance. 2 20 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 21 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 22 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 23 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 24 including but not limited to personal injury or property damage, arising from or related to the services, 7 25 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 26 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 27 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 28 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 29 request a jury apportionment.
12 30 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 31 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 32 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 33 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 34 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 35 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 36 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.. 37 //
19 1 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 2 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 3 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 4 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 5 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 6 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 7 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 8 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 9 by 27 COUNTY representative(s) at any reasonable time.
28 10 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 11 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Agreement for Provision of Inpatient Behavioral Health Services, Agreement for Provision of Inpatient Behavioral Health Services
Indemnification and Insurance. 2 24 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 25 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 26 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 27 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 28 including but not limited to personal injury or property damage, arising from or related to the services, 7 29 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 30 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 31 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 32 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 33 request a jury apportionment.
12 34 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 35 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 36 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 37 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 1 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 2 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 3 to the same terms and conditions as set forth herein for CONTRACTOR.
19 4 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 5 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 6 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 7 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 8 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 9 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 10 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 11 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 12 COUNTY representative(s) at any reasonable time.
28 13 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 14 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Adolescent Residential Drug Medi Cal and Withdrawal Management Services, Contract for Provision of Services
Indemnification and Insurance. 2 15 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 16 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 17 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 18 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 19 including but not limited to personal injury or property damage, arising from or related to the services, 7 20 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 21 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 22 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 23 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 24 request a jury apportionment.
12 25 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 26 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 27 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 28 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 29 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 30 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 31 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 32 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 33 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 34 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 35 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 36 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 37 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 1 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 2 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 3 by 27 COUNTY representative(s) at any reasonable time.
28 4 D. All SIRs and deductibles shall be clearly stated on the COI. Any SIR or deductible in an 5 amount in excess of fifty thousand 29 dollars ($50,000) 50,000 shall specifically be approved by the CEO/Office of Risk Management 6 upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is 7 approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) 8 in this Agreement, agrees to all of the following:
9 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 10 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 11 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 12 cost and expense with counsel approved by Board of Supervisors against same; and
13 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 14 duty to indemnify or hold harmless; and
15 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 16 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 17 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
18 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 19 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 20 constitute a breach of CONTRACTOR’s obligation hereunder and grounds for COUNTY to terminate 21 this Agreement.
Appears in 2 contracts
Samples: Transportation Services Agreement, Transportation Agreement
Indemnification and Insurance. 2 21 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 22 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 23 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 24 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 25 including but not limited to personal injury or property damage, arising from or related to the services, 7 26 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 27 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 28 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 29 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 30 request a jury apportionment.
12 31 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 32 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 33 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 34 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 35 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 36 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 37 to the same terms and conditions as set forth herein for CONTRACTOR.
19 1 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 2 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 3 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 4 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 5 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 6 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 7 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 8 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 9 COUNTY representative(s) at any reasonable time.
28 10 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 11 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Services, Contract for Provision of Medical Staffing Services
Indemnification and Insurance. 2 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following:
1. In addition to the duty to indemnify and hold COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Contract, CONTRACTOR shall defend COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and CONTRACTOR’s SIR provision shall be interpreted as though CONTRACTOR was an insurer and COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this Contract, COUNTY may terminate this Contract.
Appears in 2 contracts
Samples: Contract for Provision of Medi Cal Mental Health Managed Care Psychiatric Inpatient Hospital Services, Contract for Provision of Medi Cal Mental Health Managed Care Psychiatric Inpatient Hospital Services
Indemnification and Insurance. 2 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall request 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on 16 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor and 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by COUNTY 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 32 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 33 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 34 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 35 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 36 including but not limited to personal injury or property damage, arising from or related to the services, 7 37 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 1 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 2 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 3 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 4 a jury apportionment.
12 5 B. Prior to the provision of services under this ContractAgreement, the CONTRACTOR agrees to purchase carry all 13 6 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 7 to satisfy the COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 8 CONTRACTOR agrees to keep such insurance coveragecoverage current, provide Certificates of Insurance, and 9 endorsements 16 on deposit with to the COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTORAgreement.
19 10 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 11 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 12 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 13 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 14 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 15 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 16 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 17 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 18 COUNTY representative(s) at any reasonable time.
28 19 D. All SIRs self-insured retentions (SIRs) shall be clearly stated on the COICertificate of Insurance. Any SIR in an amount SIRs 20 in excess of fifty thousand 29 dollars (Fifty Thousand Dollars $50,000) 50,000 shall specifically be approved by COUNTY’s Risk Manager, 21 or designee. COUNTY reserves the CEO/Office of Risk Management upon review ofright to require current audited financial reports from
Appears in 2 contracts
Samples: Master Agreement for Provision of Services, Master Agreement for Provision of Services
Indemnification and Insurance. 2 30 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 31 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 32 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 33 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 34 including but not limited to personal injury or property damage, arising from or related to the services, 7 35 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 36 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 37 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 1 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 2 a jury apportionment.
12 3 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 4 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 5 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 6 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 7 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 8 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 9 conditions as set forth herein for CONTRACTOR.
19 10 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 11 indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an 12 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 13 CEO/Office of Risk Management upon review ofManagement.
14 D. If CONTRATOR fails to maintain insurance acceptable to COUNTY for the full term of this 15 Agreement, COUNTY may terminate this Agreement.
Appears in 2 contracts
Samples: Pharmacy Benefit Management Services Agreement, Pharmacy Benefit Management Agreement
Indemnification and Insurance. 2 7 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 8 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 9 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 10 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 11 including but not limited to personal injury or property damage, arising from or related to the services, 7 12 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 13 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 14 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 15 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 17 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 18 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 19 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 20 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 21 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 22 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 23 to the same terms and conditions as set forth herein for CONTRACTOR.
19 24 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 25 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 26 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 27 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 28 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 29 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 30 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 31 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 32 COUNTY representative(s) at any reasonable time.
28 33 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 34 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 36 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 37 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 1 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 2 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 3 including but not limited to personal injury or property damage, arising from or related to the services, 7 4 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 5 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 6 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 7 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 8 a jury apportionment.
12 9 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 10 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 11 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 12 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 13 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 14 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 15 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 16 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 17 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 18 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 19 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 20 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 21 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 22 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 23 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 24 by 27 COUNTY representative(s) at any reasonable time.
28 25 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 26 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Agreement for Provision of Hospital Services, Hospital Services Agreement
Indemnification and Insurance. 2 22 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 23 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 24 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 25 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 26 including but not limited to personal injury or property damage, arising from or related to the services, 7 27 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 28 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 29 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 30 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 31 a jury apportionment.
12 32 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 33 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 34 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 35 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 36 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 37 // 1 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 2 conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 9 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 10 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 11 by 27 COUNTY representative(s) at any reasonable time.
28 12 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 13 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 14 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 15 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 16 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 17 other indemnity provision(s) in this Agreement, agrees to all of the following:
18 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 19 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 20 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 21 cost and expense with counsel approved by Board of Supervisors against same; and
22 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 23 duty to indemnify or hold harmless; and
24 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 25 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 26 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
27 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 28 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 29 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 30 this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Behavioral Health Outpatient Services, Agreement for Provision of Behavioral Health Outpatient Services
Indemnification and Insurance. 2 22 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 23 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 24 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 25 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 26 including but not limited to personal injury or property damage, arising from or related to the services, 7 27 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 28 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 29 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 30 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 31 a jury apportionment.
12 32 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 33 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 34 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 35 CONTRACTOR agrees to keep such insurance coverage, Certificates of InsuranceCOIs, and endorsements 16 endorsement on deposit with 36 COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on 37 // 1 behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms 2 and conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 9 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 10 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 11 COUNTY representative(s) at any reasonable time.
28 12 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 13 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 14 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 15 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
16 E. If CONTRATOR fails to maintain insurance acceptable to COUNTY for the full term of this 17 Agreement, COUNTY may terminate this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Children's Full Service Partnership/Wraparound Services, Agreement for Provision of Services
Indemnification and Insurance. 2 34 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 35 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 36 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 agencie 1 including but not limited to personal injury or property damage, arising from or related to the services, 7 2 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 3 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 4 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 5 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 7 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 8 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 insura 9 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 10 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 11 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 12 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 13 to the same terms and conditions as set forth herein for CONTRACTOR.
19 14 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 15 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 16 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 17 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 18 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 19 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 20 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 21 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 22 COUNTY representative(s) at any reasonable time.
28 23 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 24 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of 25 26 CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this 27 Contract, agrees to all of the following:
28 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 29
Appears in 2 contracts
Samples: Contract for Covid 19 Response Rapid Rehousing Services, Contract for Provision of Services
Indemnification and Insurance. 2 36 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 37 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 1 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 2 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 3 including but not limited to personal injury or property damage, arising from or related to the services, 7 4 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 5 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 6 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 7 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 8 a jury apportionment.
12 9 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 10 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 11 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 12 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 13 deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same 15 terms and conditions as set forth herein for CONTRACTOR.
19 16 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 17 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 18 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 19 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 20 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 21 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 22 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 23 must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY 24 representative(s) at any reasonable time.
28 25 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 26 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 30 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 31 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 32 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 33 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 34 including but not limited to personal injury or property damage, arising from or related to the services, 7 35 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 36 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 37 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 1 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 2 a jury apportionment.
12 3 B. Prior to the provision of services under this ContractAgreement, the CONTRACTOR agrees to purchase carry all 13 4 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 5 to satisfy the COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 6 CONTRACTOR agrees to keep such insurance coveragecoverage current, provide Certificates of Insurance, and 7 endorsements 16 on deposit with to the COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTORAgreement.
19 8 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 9 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 10 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 11 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 12 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 13 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 14 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 15 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 16 COUNTY representative(s) at any reasonable time.
28 17 D. All SIRs self-insured retentions (SIRs) shall be clearly stated on the COICertificate of Insurance. Any SIR in an amount SIRs 18 in excess of fifty thousand 29 dollars (Fifty Thousand Dollars $50,000) 50,000 shall specifically be approved by COUNTY’s Risk Manager, 19 or designee. COUNTY reserves the CEO/Office of Risk Management upon review ofright to require current audited financial reports from
Appears in 2 contracts
Samples: Master Agreement, Master Agreement for Provision of Services
Indemnification and Insurance. 2 29 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 30 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 31 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 32 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 33 including but not limited to personal injury or property damage, arising from or related to the services, 7 34 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 35 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 36 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 37 // 1 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 3 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 4 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 5 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 6 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 7 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 8 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 9 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 10 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 11 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 12 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 13 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 14 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 15 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 16 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 17 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 18 by 27 COUNTY representative(s) at any reasonable time.
28 19 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 20 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Agreement for Provision of Early Childhood Mental Health Consultation Services, Crisis Prevention Hotline Services Agreement
Indemnification and Insurance. 2 20 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 21 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 22 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 23 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 24 including but not limited to personal injury or property damage, arising from or related to the services, 7 25 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 26 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 27 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 28 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 29 a jury apportionment.
12 30 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase carry all 13 required 31 insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy 32 COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees 33 to keep such insurance coveragecoverage current, provide Certificates of Insurance, and endorsements 16 on deposit with to 34 COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 35 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 36 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 37 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 1 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 2 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 3 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 4 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 5 must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY 6 representative(s) at any reasonable time.
28 7 D. All SIRs self-insured retentions (SIRs) shall be clearly stated on the COICertificate of Insurance. Any SIR SIRs 8 in an amount in excess of fifty thousand 29 dollars Fifty Thousand Dollars ($50,000) shall specifically be approved by COUNTY’s 9 Risk Manager, or designee. COUNTY reserves the CEO/Office of Risk Management upon review ofright to require current audited financial reports from
Appears in 2 contracts
Samples: Contract for the Provision of Health Promotion Services, Contract for the Provision of Health Promotion Services
Indemnification and Insurance. 2 35 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 36 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 37 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (Board
1 ( “COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 2 including but not limited to personal injury or property damage, arising from or related to the services, 7 3 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 4 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 5 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 6 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 8 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 9 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 10 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 11 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 12 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 13 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 14 to the same terms and conditions as set forth herein for CONTRACTOR.
19 15 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 16 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 17 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 18 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 19 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 20 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 21 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 22 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 23 COUNTY representative(s) at any reasonable time.
28 24 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 25 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Covid 19 Community Outreach and Engagement Services, Contract for Provision of Services
Indemnification and Insurance. 2 A. CONTRACTOR Indemnification Provisions
A- E agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s ’S Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from out of, pertaining to, or related relating to the servicesnegligence, 7 products recklessness, or other performance provided by CONTRACTOR pursuant to this Contract. willful misconduct of the A-E. If judgment is 8 entered against CONTRACTOR A-E and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR A-E and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request a jury apportionment.
12 B. . Notwithstanding anything stated above, nothing contained herein shall relieve A-E of any insurance requirements or obligations created elsewhere in this Agreement. Prior to the provision of services under this Contractcontract, CONTRACTOR the A-E agrees to purchase all 13 required insurance at CONTRACTORA-E’s expenseexpense and to deposit with the County Certificates of Insurance, including all endorsements required herein, necessary 14 to satisfy COUNTY the County that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees with and to keep such insurance coverage, Certificates of Insurance, coverage and endorsements 16 the certificates therefore on deposit with COUNTY the County during the entire term of this Contractcontract. The County reserves the right to request the declarations page showing all endorsements and a certified copy of the policy. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR A-E pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain obtain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(sA-E. All self-insured retentions (SIRs) at any reasonable time.
28 D. All SIRs or deductibles shall be clearly stated on the COICertificate of Insurance. If no deductibles or SIRs apply, indicate this on the Certificate of Insurance with a 0 by the appropriate line of coverage. Any SIR deductible or self-insured retention (SIR) in an amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the CEO/County Executive Office (CEO)/Office of Risk Management upon review ofManagement. A-E shall be responsible for reimbursement of any deductible to the insurer.
Appears in 2 contracts
Samples: Environmental Multi Discipline Engineering Support Services Agreement, Environmental Multi Discipline Engineering Support Services Agreement
Indemnification and Insurance. 2 18 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 19 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 20 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 21 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 22 including but not limited to personal injury or property damage, arising from or related to the services, 7 23 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 24 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 25 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 26 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 27 a jury apportionment.
12 28 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 29 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 30 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 31 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 32 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 33 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 34 conditions as set forth herein for CONTRACTOR.
19 35 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 36 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 37 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 1 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 2 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 3 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 4 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 5 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 6 by 27 COUNTY representative(s) at any reasonable time.
28 7 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 8 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 9 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 10 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
11 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 12 Agreement, COUNTY may terminate this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Children’s Full Service Partnership/Wraparound Services, Agreement for Provision of Transitional Age Youth Full Service Partnership/Wraparound Services
Indemnification and Insurance. 2 23 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 24 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 25 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 26 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 27 including but not limited to personal injury or property damage, arising from or related to the services, 7 28 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment 29 is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 30 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 31 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.party shall
12 33 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase 34 all 13 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 35 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 36 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 37 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 1 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 2 conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as 5 an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth 6 herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors 7 have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract8 Agreement. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to 9 every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin 10 work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract 11 Agreement for inspection by 27 COUNTY representative(s) at any reasonable time.
28 12 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 13 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in 14 an amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 15 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
16 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of 17 this Agreement, COUNTY may terminate this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Community Based Alcohol and Other Drug Prevention Services, Agreement for Provision of Community Based Alcohol and Other Drug Prevention Services
Indemnification and Insurance. 2 9 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 10 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 11 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 12 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 13 including but not limited to personal injury or property damage, arising from or related to the services, 7 14 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 15 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 16 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 17 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 18 request a jury apportionment.
12 19 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 20 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 21 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 22 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 23 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 24 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 25 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 26 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 27 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 28 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 29 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 30 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 31 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 32 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 33 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 34 by 27 COUNTY representative(s) at any reasonable time.
28 35 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 36 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 37 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 1 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 2 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 3 other indemnity provision(s) in this Agreement, agrees to all of the following:
4 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 5 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 6 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 7 cost and expense with counsel approved by Board of Supervisors against same; and
8 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 9 duty to indemnify or hold harmless; and
10 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 11 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 12 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
13 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 14 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 15 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 16 this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Transitional Age Youth Crisis Residential Services, Agreement for Provision of Outreach and Engagement Services
Indemnification and Insurance. 2 22 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 23 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 24 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 25 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 26 including but not limited to personal injury or property damage, arising from or related to the services, 7 27 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 28 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 29 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 30 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 31 a jury apportionment.
12 32 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 33 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 34 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 35 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 36 deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 37 // 1 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 2 to the same terms and conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 9 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 10 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 11 COUNTY representative(s) at any reasonable time.
28 12 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 13 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 14 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 15 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 16 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other 17 indemnity provision(s) in this Agreement, agrees to all of the following:
18 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 19 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 20 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 21 cost and expense with counsel approved by Board of Supervisors against same; and
22 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 23 duty to indemnify or hold harmless; and
24 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 25 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 26 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
27 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 28 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 29 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate this 30 Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Collaborative Courts Full Service Partnership/Wraparound Services, Agreement for Provision of Collaborative Courts Full Service Partnership/Wraparound Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this Agreement, COUNTY may terminate this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Nutrition Services, Agreement for Provision of Transitional Housing Services
Indemnification and Insurance. 2 6 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 7 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 8 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 9 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 10 including but not limited to personal injury or property damage, arising from or related to the services, 7 11 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 12 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 13 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 14 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 16 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 17 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 18 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 19 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 20 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 21 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 22 to the same terms and conditions as set forth herein for CONTRACTOR.
19 23 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 24 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 25 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 26 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 27 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 28 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 29 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 30 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 31 COUNTY representative(s) at any reasonable time.
28 32 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 33 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Sobering Center Services, Contract for Provision of Services
Indemnification and Insurance. 2 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 15 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 16 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 17 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 18 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 19 including but not limited to personal injury or property damage, arising from or related to the services, 7 20 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 21 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 22 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 23 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 24 a jury apportionment.
12 25 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 26 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 27 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 28 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 29 deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 30 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 31 to the same terms and conditions as set forth herein for CONTRACTOR.
19 32 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 33 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 34 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 35 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 36 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 37 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 1 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 2 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 3 COUNTY representative(s) at any reasonable time.
28 4 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 5 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Agreement for Provision of Children's in Home Crisis Stabilization Services, Agreement for Provision of Children's in Home Crisis Stabilization Services
Indemnification and Insurance. 2 5 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 6 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 7 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 8 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 9 including but not limited to personal injury or property damage, arising from or related to the services, 7 10 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 11 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 12 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 13 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 15 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 16 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 17 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 18 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 19 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 20 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 21 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 22 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 23 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 24 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 25 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 26 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 27 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 28 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 29 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 30 by 27 COUNTY representative(s) at any reasonable time.
28 31 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 32 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 33 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 34 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 35 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 36 other indemnity provision(s) in this Agreement, agrees to all of the following: 37 //
1 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 2 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 3 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 4 cost and expense with counsel approved by Board of Supervisors against same; and
5 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 6 duty to indemnify or hold harmless; and
7 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 8 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 9 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
10 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 11 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 12 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 13 this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Services, Agreement for Provision of Hiv Prevention Services
Indemnification and Insurance. 2 18 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 19 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 20 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 21 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 22 including but not limited to personal injury or property damage, arising from or related to the services, 7 23 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 24 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 25 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 26 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 27 a jury apportionment.
12 28 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 29 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 30 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 31 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 32 deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 33 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 34 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 35 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 36 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 37 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 1 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 2 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 3 must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY 4 representative(s) at any reasonable time.
28 5 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 6 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 25 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 26 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 27 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 28 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 29 including but not limited to personal injury or property damage, arising from or related to the services, 7 30 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 31 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 32 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 33 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 34 a jury apportionment.
12 35 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase shall carry all 13 required 36 insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy 37 COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to shall 1 keep such insurance coverage, coverage current and shallprovide current Certificates of Insurance, and Insuranceand endorsements 16 on deposit with 2 to COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 9 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 10 must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY 11 representative(s) at any reasonable time.
28 12 D. All SIRs self-insured retentions (SIRs) shall be clearly stated on the COICertificate of Insurance. Any SIR in an amount SIRs 13 in excess of fifty thousand 29 dollars Fifty Thousand Dollars ($50,000) shall specifically be approved by COUNTY’s Risk 14 Manager or designee. COUNTY reserves the CEO/Office of Risk Management upon review ofright to require current audited financial reports from
Appears in 2 contracts
Samples: Contract for Provision of Recovery Residence Services, Contract for Provision of Recovery Residence Services
Indemnification and Insurance. 2 24 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 25 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 26 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 27 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 28 including but not limited to personal injury or property damage, arising from or related to the services, 7 29 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 30 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 31 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 32 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 33 a jury apportionment.
12 34 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 35 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 36 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 37 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the 1 entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 2 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 3 conditions as set forth herein for CONTRACTOR.
19 4 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 5 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 6 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 7 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 8 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 9 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 10 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 11 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 12 by 27 COUNTY representative(s) at any reasonable time.
28 13 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 14 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 15 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 16 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
17 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 18 Agreement, COUNTY may terminate this Agreement.
Appears in 2 contracts
Samples: Substance Use Disorder Outpatient Services Agreement, Agreement for Provision of Substance Use Disorder Outpatient Services
Indemnification and Insurance. 2 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 18 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 27 by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Optometry Services Agreement, Optometry Services Agreement
Indemnification and Insurance. 2 31 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 32 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 33 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 34 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 35 including but not limited to personal injury or property damage, arising from or related to the services, 7 36 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 37 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 1 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 2 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 3 a jury apportionment.
12 4 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 5 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 6 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 7 CONTRACTOR agrees to keep such insurance coverage, Certificates of InsuranceInsurance (COI), and 8 endorsements 16 on deposit with COUNTY during the entire term of this Contract. In addition, all 9 subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain 10 insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 11 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 12 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 13 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 14 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 15 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 16 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 17 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 18 must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY 19 representative(s) at any reasonable time.
28 20 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 21 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Contract for Provision of Services, Contract for Provision of Services
Indemnification and Insurance. 2 11 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 12 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 13 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 14 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 15 including but not limited to personal injury or property damage, arising from or related to the services, 7 16 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 17 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 18 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 19 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 20 request a jury apportionment.
12 21 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 22 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 23 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 24 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 25 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 26 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 27 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 28 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 29 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 30 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 31 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 32 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 33 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 34 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 35 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 36 by 27 COUNTY representative(s) at any reasonable time.. 37 //
28 1 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 2 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 3 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 4 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 5 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 6 other indemnity provision(s) in this Agreement, agrees to all of the following:
7 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 8 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 9 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 10 cost and expense with counsel approved by Board of Supervisors against same; and
11 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 12 duty to indemnify or hold harmless; and
13 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 14 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 15 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
16 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 17 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 18 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 19 this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Substance Use Disorder Residential Opiate Treatment Services, Substance Use Disorder Residential Opiate Treatment Services Agreement
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.. //
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Agreement, agrees to all of the following:
1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance as required in this Paragraph X (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate this Agreement.
Appears in 2 contracts
Samples: Contract for Provision of Adult Mental Health Psychiatric Skilled Nursing Facility Services, Contract for Provision of Adult Mental Health Psychiatric Skilled Nursing Facility Services
Indemnification and Insurance. 2 31 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 32 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 33 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 34 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 35 including but not limited to personal injury or property damage, arising from or related to the services, 7 36 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 37 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 1 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 2 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 4 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 5 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 6 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 7 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 8 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 9 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 10 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 11 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 12 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 13 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 14 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 15 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 16 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 17 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 18 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 19 by 27 COUNTY representative(s) at any reasonable time.
28 20 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 21 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 22 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 23 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 24 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 25 other indemnity provision(s) in this Agreement, agrees to all of the following:
26 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 27 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 28 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 29 cost and expense with counsel approved by Board of Supervisors against same; and
30 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 31 duty to indemnify or hold harmless; and
32 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 33 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 34 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
35 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 36 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 37 // 1 constitute a breach of CONTRACTOR’s obligation hereunder and grounds for COUNTY to terminate 2 this Agreement.
Appears in 2 contracts
Samples: Agreement for Provision of Services, Agreement for Provision of Enhanced Recovery Full Service Partnership Services
Indemnification and Insurance. 2 34 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 35 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 36 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 37 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 1 including but not limited to personal injury or property damage, arising from or related to the services, 7 2 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 3 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 4 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 5 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 7 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 8 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 9 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 10 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 11 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 12 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 13 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 14 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 15 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 16 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 17 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 18 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 19 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 20 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 21 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 22 by 27 COUNTY representative(s) at any reasonable time.
28 23 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 24 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 2 contracts
Samples: Outreach and Engagement Services, Agreement for Provision of Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of // CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this Agreement, agrees to all of the following:
1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and
2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate this Agreement.
Appears in 2 contracts
Samples: Behavioral Health Outpatient Services Agreement, Behavioral Health Outpatient Services Agreement
Indemnification and Insurance. 2 25 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 26 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 27 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 28 ((“COUNTY INDEMNITEES)”) harmless from any claims, demands or liability of any kind or nature, 6 29 including but not limited to personal injury or property damage, arising from or related to the services, 7 30 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 31 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 32 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 33 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 34 a jury apportionment.
12 35 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 36 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 37 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 1 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 2 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 3 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 4 conditions as set forth herein for CONTRACTOR.. 5 C.//
19 6 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 7 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 8 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 9 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 10 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 11 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 12 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 by COUNTY representative(s) at any reasonable time. 13 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of14
Appears in 1 contract
Samples: Agreement for Provision of Hiv Transitional Housing Services
Indemnification and Insurance. 2 10 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 11 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 12 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 13 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 14 including but not limited to personal injury or property damage, arising from or related to the services, 7 15 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 16 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 17 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 18 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 19 a jury apportionment.
12 20 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 21 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 22 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 23 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 24 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 25 // 26 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 27 conditions as set forth herein for CONTRACTOR.
19 28 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 29 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 30 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 31 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 32 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 33 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 34 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 35 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 36 by 27 COUNTY representative(s) at any reasonable time.
28 37 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 1 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 2 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 3 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 4 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 5 other indemnity provision(s) in this Agreement, agrees to all of the following:
6 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 7 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 8 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 9 cost and expense with counsel approved by Board of Supervisors against same; and
10 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 11 duty to indemnify or hold harmless; and
12 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 13 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 14 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
15 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 16 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 17 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 18 this Agreement.
Appears in 1 contract
Indemnification and Insurance. 2 17 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 18 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 19 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 20 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 21 including but not limited to personal injury or property damage, arising from or related to the services, 7 22 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 23 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 24 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 25 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 26 a jury apportionment.
12 27 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 28 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 29 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 30 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 31 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 32 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 33 conditions as set forth herein for CONTRACTOR.
19 34 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 35 indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an 36 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 37 CEO/Office of Risk Management upon review ofManagement.
1 D. If CONTRATOR fails to maintain insurance acceptable to COUNTY for the full term of this 2 Agreement, COUNTY may terminate this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Services
Indemnification and Insurance. 2 29 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 30 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 31 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 32 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 33 including but not limited to personal injury or property damage, arising from or related to the services, 7 34 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 35 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 36 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 37 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 2 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 3 required insurance at CONTRACTOR’s expenseinsurance, including all endorsements required herein, necessary 14 to satisfy COUNTY that the 4 insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees agree to keep such 5 insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the 6 entire term of this ContractAgreement. In addition, all subcontractors 17 subcontractor performing work on behalf of 7 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 8 conditions as set forth herein for CONTRACTOR. The Parties acknowledge that CONTRACTOR may 9 expense to COUNTY the cost of all required insurance purchased by CONTRACTOR to comply with 10 this Paragraph XI (INDEMNIFICATION AND INSURANCE) during the term of this Agreement.
19 11 C. CONTRACTOR shall ensure that all subcontractors subcontractor performing work on behalf of 20 12 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 13 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 14 CONTRACTOR. CONTRACTOR shall not allow subcontractors subcontractor to work if subcontractors subcontractor have less 23 than 15 the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 16 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 17 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 18 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 19 by 27 COUNTY representative(s) at any reasonable time.
28 20 D. All SIRs and deductibles shall be clearly stated on the COI. Any SIR or deductible in an 21 amount in excess of fifty thousand 29 dollars ($50,000) 50,000 shall specifically be approved by the CEO/Office of Risk Management 22 upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is 23 approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) 24 in this Agreement, agrees to all of the following:
25 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 26 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 27 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 28 cost and expense with counsel approved by Board of Supervisors against same; and
29 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 30 duty to indemnify or hold harmless; and
31 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 32 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 33 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
34 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XI 35 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 36 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 37 this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Community Support and Recovery Center Services
Indemnification and Insurance. 2 34 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 35 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 36 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 37 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 1 including but not limited to personal injury or property damage, arising from or related to the services, 7 2 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 3 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 4 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 5 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 7 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 8 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 9 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 10 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 11 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 12 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 13 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 14 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 15 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 16 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 17 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 18 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 19 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 20 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 21 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 22 by 27 COUNTY representative(s) at any reasonable time.
28 23 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 24 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 25 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 26 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 27 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 28 other indemnity provision(s) in this Agreement, agrees to all of the following:
29 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 30 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 31 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 32 cost and expense with counsel approved by Board of Supervisors against same; and
33 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 34 duty to indemnify or hold harmless; and
35 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 36 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 37 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
1 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XI 2 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 3 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 4 this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Community College Tobacco Cessation Services
Indemnification and Insurance. 2 9 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 10 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 11 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 12 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 13 including but not limited to personal injury or property damage, arising from or related to the services, 7 14 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 15 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 16 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 17 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 18 a jury apportionment.
12 19 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 20 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 21 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 22 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 23 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 24 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 25 conditions as set forth herein for CONTRACTOR.
19 26 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 27 indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an 28 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 29 CEO/Office of Risk Management upon review ofManagement.
30 D. If CONTRATOR fails to maintain insurance acceptable to COUNTY for the full term of this 31 Agreement, COUNTY may terminate this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Short Term Housing Services
Indemnification and Insurance. 2 22 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 23 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 24 districts and agencies for which COUNTY’s COUNT s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims25 T ims, demands or liability of any kind or nature, 6 26 including but not limited to personal injury or property damage, arising from or related to the services, 7 27 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 28 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 29 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 30 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 31 a jury apportionment.
12 32 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 33 required insurance at CONTRACTOR’s CONTRACTOR expense, including all endorsements required herein, necessary 14 34 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 35 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 36 deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 37 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 1 to the same terms and conditions as set forth herein for CONTRACTOR.
19 2 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 3 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s s insurance as an 21 4 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 5 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 6 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 7 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 8 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 9 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 10 COUNTY representative(s) at any reasonable time.
28 11 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 12 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of 13 CONTRACTOR urrent audited financial report. 14 CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this 15 Contract, agrees to all of the following:
16 1. In addition to the duty to indemnify and hold COUNTY harmless against any and all 17 liability, claim, demand or suit resu s agents, e 18 f this Contract, CONTRACTOR shall defend COUNTY at its sole cost 19 and expense with counsel approved by Board of Supervisors against same; and
20 2. as stated above, shall be absolute and irrespective of any 21 duty to indemnify or hold harmless; and
22 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 23 which the duty to defend stated above applies, and CONTRACTOR s SIR provision shall be interpreted 24 as though CONTRACTOR was an insurer and COUNTY was the insured.
25 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 26 Contract, COUNTY may terminate this Contract.
Appears in 1 contract
Samples: Contract for Provision of Services
Indemnification and Insurance. 2 31 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, the CONTRACTOR agrees to purchase carry all 13 32 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 33 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 34 CONTRACTOR agrees to keep such insurance coveragecoverage current, provide Certificates of Insurance, and 35 endorsements 16 on deposit with to the COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. 36 B. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 37 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 DocuSign Envelope ID: EB420B84-A9DF-43A3-AA5C-203CC47B4AED 1 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 2 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 3 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 4 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 5 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 6 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 7 COUNTY representative(s) at any reasonable time.
28 D. 8 C. All self-insured retentions SIRs shall be clearly stated on the COI. Certificate of Insurance.. Any SIR 9 SIRs in an amount in excess of fifty thousand 29 dollars Fifty Thousand Dollars ($50,000) shall specifically be approved by the CEO/Office 10 County’s Risk Manager, or designee. The COUNTY reserves the right to require current audited 11 financial reports from CONTRACTOR. If CONTRACTOR is self-insured, CONTRACTOR will 12 indemnify the County for any and all claims resulting or arising from CONTRACTOR’S services in 13 accordance with the indemnity provision stated in this Contract. If CONTRACTOR’s SIR is approved, 14 CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this 15 Contract, agrees to all of Risk Management upon review ofthe following:
16 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 17 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 18 subcontractor’s performance of this Contract, CONTRACTOR shall defend the COUNTY at its sole 19 cost and expense with counsel approved by Board of Supervisors against same; and
20 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 21 duty to indemnify or hold harmless; and
22 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 23 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 24 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
25 D. If CONTRACTOR fails to maintain insurance acceptable to the COUNTY for the full term of 26 this Contract, the COUNTY may terminate this Contract.
Appears in 1 contract
Samples: Contract for Provision of Prevention Services and Supports for Families
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed 4 officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s 5 Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any 6 claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or 7 property damage, arising from or related to C ONTRACTOR’s negligence or intentional misconduct in 8 providing the services, products or other performance provided by CONTRACTORperformances 9 pursuant to this Agreement, but only in proportion to and to the extent such claims, demands, including 10 defense costs, or liability caused by or resulting from the negligent or intentional acts or omissions of 11 CONTRACTOR, its officers, employees, or agents. If judgment is entered against CONTRACTOR and 12 COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY 13 or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will be apportioned 14 as determined by the court. Neither partyParty shall request a jury apportionment.
15 B. COUNTY agrees to indemnify, defend with counsel, and hold CONTRACTOR, its officers, 16 employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, 17 demands, including defense costs, or liability of any kind or nature, including but not limited to personal 18 injury or property damage, arising from or related to C OUNTY’s negligence or intentional misconduct 19 in the services, 7 products or other performance provided by CONTRACTOR COUNTY pursuant to of this ContractAgreement. If 20 judgment is 8 entered against COUNTY and CONTRACTOR and COUNTY by a court of competent 21 jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR 22 CONTRACTOR, COUNTY and 10 COUNTY CONTRACTORCOUNTY agree that liability will be apportioned as 23 determined by the court. Neither Party partyParty shall 11 request a jury apportionment.
12 B. 24 C. Each party agrees to provide the indemnifying party with written notification of any claim 25 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days 26 of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, 27 each party shall cooperate with the indemnifying party.
28 D. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 29 required insurance insurance, or maintain a program of self -insurance, at CONTRACTOR’s expenseexpense and to 30 submit to COUNTY the COI, including all endorsements required herein, necessary 14 to satisfy COUNTY 31 that the insurance provisions of this Contract Agreement have been complied withwith and . 15 CONTRACTOR agrees 32 to keep maintainkeep such insurance coverage, Certificates or a minimumCertificates of self-insurance,Insurance, and 33 endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all 34 subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 35 insurance, or equivalent self-insurance, subject 18 to the same terms and conditions as set forth herein for 36 CONTRACTOR.
19 C. . 37 // 1 E. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 2 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 3 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 4 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 5 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 6 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 7 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by interpreted as though the CONTRACTOR through was an insurer and the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable timewas the insured.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 1 contract
Samples: Agreement for Provision of Emergency and Stabilization Hospital Services
Indemnification and Insurance. 2 28 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 29 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 30 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 31 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 32 including but not limited to personal injury or property damage, arising from or related to the services, 7 33 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 34 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 35 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 36 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 37 request a jury apportionment.
12 1 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 2 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 3 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 4 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 5 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 6 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 7 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 8 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 9 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 10 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 11 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 12 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 13 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 14 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 15 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 16 by 27 COUNTY representative(s) at any reasonable time.
28 17 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 18 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 19 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 20 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 21 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 22 other indemnity provision(s) in this Agreement, agrees to all of the following:
23 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 24 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 25 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 26 cost and expense with counsel approved by Board of Supervisors against same; and
27 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 28 duty to indemnify or hold harmless; and
29 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 30 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 31 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
32 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 33 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 34 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 35 this Agreement. 36 // 37 //
Appears in 1 contract
Samples: Agreement for Provision of Services
Indemnification and Insurance. 2 31 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 32 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 33 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 34 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 35 including but not limited to personal injury or property damage, arising from or related to the services, 7 36 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 37 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 1 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 2 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 4 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 5 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 6 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 7 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 8 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 9 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 10 to the same terms and conditions as set forth herein for CONTRACTOR.
19 11 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 12 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 13 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 14 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 15 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 16 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 17 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 18 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 19 COUNTY representative(s) at any reasonable time.
28 20 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 21 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 1 contract
Samples: Contract for Provision of Services
Indemnification and Insurance. 2 31 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 32 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 33 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 34 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 35 including but not limited to personal injury or property damage, arising from or related to the services, 7 36 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 37 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 1 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 2 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 4 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 5 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 6 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 7 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 8 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 9 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 10 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 11 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 12 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 13 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 14 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 15 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 16 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 17 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 18 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 19 by 27 COUNTY representative(s) at any reasonable time.
28 20 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 21 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 22 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 23 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 24 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 25 other indemnity provision(s) in this Agreement, agrees to all of the following:
26 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 27 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 28 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 29 cost and expense with counsel approved by Board of Supervisors against same; and
30 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 31 duty to indemnify or hold harmless; and
32 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 33 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 34 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
35 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XI 36 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 37 // 1 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 2 this Agreement.
Appears in 1 contract
Samples: Agreement for the Provision of Direct Digital Radiology Services
Indemnification and Insurance. 2 33 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 34 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 35 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 36 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 37 including but not limited to personal injury or property damage, arising from or related to the services, 7 1 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 2 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 3 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 4 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 6 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 7 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 8 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 9 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 10 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 11 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 12 to the same terms and conditions as set forth herein for CONTRACTOR.
19 13 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 14 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 15 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 16 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 17 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 18 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 19 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 20 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 21 COUNTY representative(s) at any reasonable time.
28 22 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 23 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 24 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 25 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 26 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 27 other indemnity provision(s) in this Contract, agrees to all of the following:
28 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 29 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 30 subcontractor’s performance of this Contract, CONTRACTOR shall defend the COUNTY at its sole 31 cost and expense with counsel approved by Board of Supervisors against same; and
32 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 33 duty to indemnify or hold harmless; and
34 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 35 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 36 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured. 37
1 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 2 (INDEMNIFICATION AND INSURANCE) for the full term of this Contract, such failure shall 3 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 4 this Contract.
Appears in 1 contract
Samples: Contract for Provision of Services
Indemnification and Insurance. 2 16 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 17 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 18 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 19 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 20 including but not limited to personal injury or property damage, arising from or related to the services, 7 21 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 22 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 23 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 24 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 25 a jury apportionment.
12 26 B. B. Without limiting CONTRACTOR’s indemnification, it is agreed that CONTRACTOR 27 shall maintain in force at all times during the term of this Agreement a policy, or policies, of insurance Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to pursuantto this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain obtain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review offor
Appears in 1 contract
Samples: Agreement for Provision of Parolee Services Network Outpatient Services
Indemnification and Insurance. 2 30 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 31 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 32 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 33 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 34 including but not limited to personal injury or property damage, arising from or related to the services, 7 35 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 36 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 37 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 1 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 2 a jury apportionment.
12 3 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 4 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 5 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 6 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the 7 entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 8 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 9 conditions as set forth herein for CONTRACTOR.
19 10 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 11 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 12 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 13 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 14 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 15 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 16 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 17 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 18 COUNTY representative(s) at any reasonable time.
28 19 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 20 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 21 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 22 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
23 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 24 Agreement, COUNTY may terminate this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Multi Service Center Services for Homeless Mentally Ill Adults
Indemnification and Insurance. 2 20 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 21 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 22 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 23 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 24 including but not limited to personal injury or property damage, arising from or related to the services, 7 25 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 26 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 27 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 28 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 29 request a jury apportionment.
12 30 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 31 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 32 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 33 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 34 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 35 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 36 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.. 37 //
19 1 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 2 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 3 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 4 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 5 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 6 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 7 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 8 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 9 by 27 COUNTY representative(s) at any reasonable time.
28 10 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 11 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 12 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 13 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 14 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 15 other indemnity provision(s) in this Agreement, agrees to all of the following:
16 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 17 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 18 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 19 cost and expense with counsel approved by Board of Supervisors against same; and
20 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 21 duty to indemnify or hold harmless; and
22 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 23 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 24 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
25 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 26 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 27 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 28 this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of School Readiness Services
Indemnification and Insurance. 2 21 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 22 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 23 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 24 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 25 including but not limited to personal injury or property damage, arising from or related to the services, 7 26 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 27 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 28 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 29 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 30 a jury apportionment.
12 31 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 32 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 33 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 34 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 35 deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 36 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 37 to the same terms and conditions as set forth herein for CONTRACTOR.
19 1 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 2 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 3 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 4 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 5 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 6 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 7 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 8 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 9 COUNTY representative(s) at any reasonable time.
28 10 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 11 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 1 contract
Samples: Agreement for Provision of Adult Residential Drug Medi Cal Substance Use Disorder Treatment Services
Indemnification and Insurance. 2 18 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 19 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 20 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 21 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 22 including but not limited to personal injury or property damage, arising from or related to the services, 7 23 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 24 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 25 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 26 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 27 a jury apportionment.
12 28 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 29 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 30 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 31 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 32 deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 33 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 34 to the same terms and conditions as set forth herein for CONTRACTOR.
19 35 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 36 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 37 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 20 of 3538 X:\ASR\BEHAVIORAL HEALTH\ASR 19-000108 XXXX XXXXXX SURVIVOR SUPPORT KK FY 19-20 - MY - REDLINE.DOCX HMH01BHKK19HMH01BHKK20 1 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 2 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 3 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 4 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 5 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 6 COUNTY representative(s) at any reasonable time.
28 7 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 8 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 9 amount in excess of $fifty thousand 29 dollars ($50,00050,000 ($5,000 for automobile liability) shall specifically 10 be approved by the CEO/Office of Risk Management upon review of CONTRACTOR’s current audited 11 financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without 12 limitation of, any other indemnity provision(s) in this Agreement, agrees to all of the following:
13 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 14 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 15 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 16 cost and expense with counsel approved by Board of Supervisors against same; and
17 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 18 duty to indemnify or hold harmless; and
19 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 20 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 21 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
22 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 23 (INDEMNIFICATION AND INSURANCE) acceptable to the COUNTY for the full term of this 24 Agreement, such failure shall constitute a breach of CONTRACTOR’s obligation hereunder and ground 25 for COUNTY tothe COUNTY may terminate this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Services
Indemnification and Insurance. 2 9 A. CONTRACTOR INTERMEDIARYCONTRACTOR agrees to indemnify, defend with counsel approved in 10 writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, 11 agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the 12 governing Board 5 (“(COUNTY INDEMNITEESINDEMNITEES ”)) harmless from any claims, demands demands, including 13 defense costs, or liability of any kind or nature, including but not limited to personal injury or property 14 damage, arising from or related to the services, products or other performance provided by 15 INTERMEDIARYCONTRACTOR pursuant to this Agreement. If judgment is entered against 16 INTERMEDIARYCONTRACTOR and COUNTY by a court of competent jurisdiction because of the 17 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, 18 INTERMEDIARYCONTRACTOR and COUNTY agree that liability will be apportioned as determined 19 by the court. Neither party shall request a jury apportionment.
20 B. Prior to the provision of services under this Agreement, CONTRACTOR agrees to purchase all 21 required insurance at CONTRACTOR’s expense and to submit to COUNTY the COI, including all 22 endorsements required herein, necessary to satisfy COUNTY that the insurance provisions of this 23 Agreement have been complied with and to maintain such insurance coverage with COUNTY during 24 the entire term of this Agreement. In addition, all subcontractors performing work on behalf of 25 CONTRACTOR pursuant to this Agreement shall obtain insurance subject to the same terms and 26 conditions as set forth herein for CONTRACTOR.
27 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 28 CONTRACTOR pursuant to this Agreement shall be covered under CONTRACTOR’s insurance as an 29 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 30 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 31 than the level of coverage required by COUNTY from CONTRACTOR under this Agreement. It is the 32 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 33 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 34 insurance must be maintained by CONTRACTOR through the entirety of this Agreement for inspection 35 by COUNTY representative(s) at any reasonable time.
36 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 37 indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an 1 amount in excess of $25,000 ($5,000 for automobile liability), shall specifically be approved by the 2 CEO/Office of Risk Management.
3 E. If CONTRACTOR fails B. COUNTY agrees to indemnify, and hold 4 INTERMEDIARY, its officers, agents and employees, directors, members, shareholders and/or affiliates 5 harmless from any claims, demands, including defense costs or liability of any kind or nature, including 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or 7 other performance provided by CONTRACTOR COUNTY pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR 8 COUNTY and COUNTY INTERMEDIARY by a court of competent jurisdiction because of the 9 concurrent active 9 negligence of INTERMEIDARY, COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY INTERMEDIARY agree that liability will be 10 apportioned as determined by the court. Neither Party party shall 11 request a jury apportionment.
12 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 1 contract
Samples: Agreement for Provision of Fiscal Intermediary Services
Indemnification and Insurance. 2 24 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 25 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 26 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 27 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 28 including but not limited to personal injury or property damage, arising from or related to the services, 7 29 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 30 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 31 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 32 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 33 a jury apportionment.
12 34 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 35 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 36 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 37 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on 1 deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 2 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 3 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 4 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 5 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 6 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 7 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 8 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 9 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 10 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 11 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 12 by 27 COUNTY representative(s) at any reasonable time.
28 13 D. All SIRs and deductibles shall be clearly stated on the COI. Any SIR or deductible in an amount 14 in excess of fifty thousand 29 dollars ($50,000) 50,000 shall specifically be approved by the CEO/Office of Risk Management upon review 15 of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, 16 CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in this 17 Agreement, agrees to all of the following:
18 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 19 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 20 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 21 cost and expense with counsel approved by Board of Supervisors against same; and
22 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 23 duty to indemnify or hold harmless; and
24 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 25 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 26 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
27 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 28 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 29 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 30 this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Nutrition Education and Obesity Prevention Program Projects
Indemnification and Insurance. 2 13 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 16 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 17 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 18 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 19 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.
12 20 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 21 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 22 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit with COUNTY during the entire term 24 // 25 24 of this Contract. In addition, all subcontractors 17 38 26 C:\USERS\THU DO\DESKTOP\ATTACHMENT E- REDLINE 2ND AMENDMENT MARIPOSA.DOCZ:\BH K MGMT\BH VENDOR FOLDER(S)\ADULT\CALWORKS\MARIPOSA\FY 27 2021-22\K ADMIN\ASR\ATTACHMENT E- REDLINE 2ND AMENDMENT 1 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 2 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 1 contract
Indemnification and Insurance. 2 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall request 11 request a jury apportionment.
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 14 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 15 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the 16 entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 17 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 18 conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 20 indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an amount 21 in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the CEO/Office 22 of Risk Management upon review ofManagement.
23 D. If CONTRATOR fails to maintain insurance acceptable to COUNTY for the full term of this 24 Agreement, COUNTY may terminate this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Integrated Community Services
Indemnification and Insurance. 2 31 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 32 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 33 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 34 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 35 including but not limited to personal injury or property damage, arising from or related to the services, 7 36 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 37 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 1 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 2 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 3 a jury apportionment.
12 4 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 5 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 6 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 7 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during 8 the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 9 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 10 conditions as set forth herein for CONTRACTOR.
19 11 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 12 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 13 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 14 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 15 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 16 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 17 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 18 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 19 by 27 COUNTY representative(s) at any reasonable time.
28 20 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 21 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 22 amount in excess of fifty thousand 29 dollars $50,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 23 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 24 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 25 other indemnity provision(s) in this Agreement, agrees to all of the following:
26 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 27 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 28 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 29 cost and expense with counsel approved by Board of Supervisors against same; and
30 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 31 duty to indemnify or hold harmless; and
32 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 33 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 34 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
35 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 36 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 37 // 1 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 2 this Agreement.
Appears in 1 contract
Indemnification and Insurance. 2 9 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 10 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 11 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 12 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 13 including but not limited to personal injury or property damage, arising from or related to the services, 7 14 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 15 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 16 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 17 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 18 a jury apportionment.
12 19 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 20 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 21 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 22 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the 23 entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 24 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 25 conditions as set forth herein for CONTRACTOR.
19 26 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 27 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 28 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 29 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 30 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 31 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 32 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 33 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 34 by 27 COUNTY representative(s) at any reasonable time.
28 35 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 36 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 37 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 1 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
2 E. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this 3 Agreement, COUNTY may terminate this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Recovery Maintenance Services
Indemnification and Insurance. 2 26 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 27 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 28 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 29 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 30 including but not limited to personal injury or property damage, arising from or related to the services, 7 31 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 32 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 33 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 34 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request 35 a jury apportionment.
12 36 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 37 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 PHOENIX HOUSE ORANGE COUNTY, INC. Amendment 6 Redline 1 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 2 CONTRACTOR agrees to keep such insurance coverage, Certificates of InsuranceInsurance (COI), and 3 endorsements 16 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all 4 subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain 5 insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 6 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 7 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 8 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 9 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 10 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 11 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 12 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 13 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 14 COUNTY representative(s) at any reasonable time.
28 15 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 16 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 1 contract
Samples: Agreement for Provision of Adult Residential Drug Medi Cal Withdrawal Management Services
Indemnification and Insurance. 2 13 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 14 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 15 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 16 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 17 including but not limited to personal injury or property damage, arising from or related to the services, 7 18 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 19 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 20 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 21 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 22 a jury apportionment.
12 23 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 24 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all 25 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 26 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the 27 entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 28 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 29 conditions as set forth herein for CONTRACTOR.
19 30 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 31 indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an 32 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 33 CEO/Office of Risk Management upon review ofManagement.
34 D. If CONTRATOR fails to maintain insurance acceptable to COUNTY for the full term of this 35 Agreement, COUNTY may terminate this Agreement. 36 // 37 //
Appears in 1 contract
Samples: Agreement for Provision of Post Custody Re Entry Services
Indemnification and Insurance. 2 22 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 23 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 24 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 25 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 26 including but not limited to personal injury or property damage, arising from or related to the services, 7 27 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 28 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 29 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 30 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request 31 a jury apportionment.
12 32 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 33 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 34 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 35 CONTRACTOR agrees to keep such insurance coverage, Certificates of InsuranceCOIs, and endorsements 16 endorsement on deposit with 36 COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on 37 // 1 behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms 2 and conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 9 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 10 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 11 COUNTY representative(s) at any reasonable time.
28 12 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 13 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 14 amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the 15 CEO/Office of Risk Management upon review ofof CONTRACTOR’s current audited financial report.
16 E. If CONTRATOR fails to maintain insurance acceptable to COUNTY for the full term of this 17 Agreement, COUNTY may terminate this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Transitional Age Youth Full Service Partnership/Wraparound Services
Indemnification and Insurance. 2 19 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 20 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 21 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 22 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 23 including but not limited to personal injury or property damage, arising from or related to the services, 7 24 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 25 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 26 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 27 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 28 request a jury apportionment.
12 29 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 30 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 31 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 32 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 33 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 34 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 35 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 36 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 37 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 1 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 2 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 3 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 4 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 5 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 6 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 7 by 27 COUNTY representative(s) at any reasonable time.
28 8 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 9 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 10 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 11 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 12 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 13 other indemnity provision(s) in this Agreement, agrees to all of the following:
14 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 15 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 16 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 17 cost and expense with counsel approved by Board of Supervisors against same; and
18 2. XXXXXXXXXX’s duty to defend, as stated above, shall be absolute and irrespective of any 19 duty to indemnify or hold harmless; and
20 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 21 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 22 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
23 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 24 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 25 constitute a breach of CONTRACTOR’s obligation hereunder and ground for COUNTY to terminate 26 this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Adult Non Drug Medi Cal Detoxification Services
Indemnification and Insurance. 2 23 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 24 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 25 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 26 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 27 including but not limited to personal injury or property damage, arising from or related to the services, 7 28 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 29 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 30 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 31 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 32 request a jury apportionment.
12 33 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 34 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 35 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 36 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 37 on deposit with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 1 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance 2 subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 3 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 4 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 5 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 6 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 7 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 8 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 9 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 10 insurance must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection 11 by 27 COUNTY representative(s) at any reasonable time.
28 12 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 13 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an 14 amount in excess of fifty thousand 29 dollars $50,000 ($50,0005,000 for automobile liability) shall specifically be approved by the 15 CEO/Office of Risk Management upon review of CONTRACTOR’s current audited financial report. If 16 CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any 17 other indemnity provision(s) in this Agreement, agrees to all of the following:
18 1. In addition to the duty to indemnify and hold the COUNTY harmless against any and all 19 liability, claim, demand or suit resulting from CONTRACTOR’s, its agents, employee’s or 20 subcontractor’s performance of this Agreement, CONTRACTOR shall defend the COUNTY at its sole 21 cost and expense with counsel approved by Board of Supervisors against same; and
22 2. CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any 23 duty to indemnify or hold harmless; and
24 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to 25 which the duty to defend stated above applies, and the CONTRACTOR’s SIR provision shall be 26 interpreted as though the CONTRACTOR was an insurer and the COUNTY was the insured.
27 E. If CONTRACTOR fails to maintain insurance as required in this Paragraph XII 28 (INDEMNIFICATION AND INSURANCE) for the full term of this Agreement, such failure shall 29 constitute a breach of CONTRACTOR’s obligation hereunder and grounds for COUNTY to terminate 30 this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Services
Indemnification and Insurance. 2 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 including but not limited to personal injury or property damage, arising from or related to the services, 7 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 COUNTY agree that liability will be apportioned as determined by the court. Neither Party party shall 11 request a jury apportionment.. 11 22 33 44 55 66 77 88 99 1010 111 1212 1313 1414 1515 1616 1717 1818 1919 2020 2121 222 2323 2424 2525 2626 2727 2828 2929 3030 3131 3232 333 3434 3535 3636 3737
12 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintain such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit coverage with COUNTY during the entire term of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and conditions as set forth herein for CONTRACTOR.
19 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 COUNTY representative(s) at any reasonable time.
28 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, indicate this on the COI with a 0 by the appropriate line of coverage. Any SIR or deductible in an amount in excess of fifty thousand 29 dollars $25,000 ($50,000) 5,000 for automobile liability), shall specifically be approved by the CEO/Office of Risk Management upon review ofManagement. //
D. If CONTRATORCONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this Agreement, COUNTY may terminate this Agreement.
Appears in 1 contract
Samples: Agreement for Provision of Transitional Age Youth Crisis Residential Services
Indemnification and Insurance. 2 32 A. CONTRACTOR XXXXXXXXXX agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 33 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 34 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 35 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 36 including but not limited to personal injury or property damage, arising from or related to the services, 7 37 products or other performance provided by CONTRACTOR pursuant to this Contract. If judgment is 8 1 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 2 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 3 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.shall
12 5 B. Prior to the provision of services under this Contract, CONTRACTOR agrees to purchase all 13 6 required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary 14 7 to satisfy COUNTY that the insurance provisions of this Contract have been complied with. 15 8 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements 16 9 on deposit with COUNTY during the entire term of this Contract. In addition, all subcontractors 17 10 performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance subject 18 11 to the same terms and conditions as set forth herein for CONTRACTOR.
19 12 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 13 CONTRACTOR pursuant to this Contract shall be covered under CONTRACTOR’s insurance as an 21 14 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 15 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 16 than the level of coverage required by COUNTY from CONTRACTOR under this Contract. It is the 24 17 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 18 and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 19 insurance must be maintained by CONTRACTOR through the entirety of this Contract for inspection by 27 20 COUNTY representative(s) at any reasonable time.
28 21 D. All SIRs shall be clearly stated on the COI. Any SIR in an amount in excess of fifty thousand 29 22 dollars ($50,000) shall specifically be approved by the CEO/Office of Risk Management upon review of
Appears in 1 contract
Samples: Contract for Provision of Services
Indemnification and Insurance. 2 15 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, 3 16 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special 4 17 districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board 5 18 (“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or nature, 6 19 including but not limited to personal injury or property damage, arising from or related to the services, 7 20 products or other performance provided by CONTRACTOR pursuant to this ContractAgreement. If judgment is 8 21 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the 9 22 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and 10 23 COUNTY agree that liability will be apportioned as determined by the court. Neither Party shall 11 request a jury apportionment.partyParty shall
12 25 B. Prior to the provision of services under this ContractAgreement, CONTRACTOR agrees to purchase all 13 26 required insurance at CONTRACTOR’s expenseexpense and to submit to COUNTY the COI, including all , Certificates of Insurance, and endorsements on deposit . CONTRACTOR agrees 27 endorsements required herein, necessary 14 to satisfy COUNTY that the insurance provisions of this Contract 28 Agreement have been complied with. 15 CONTRACTOR agrees with and to keep maintainkeep such insurance coverage, Certificates of Insurance, and endorsements 16 on deposit 29 coverage with COUNTY during the entire term 30 of this ContractAgreement. In addition, all subcontractors 17 performing work on behalf of 31 CONTRACTOR pursuant to this Contract Agreement shall obtain insurance subject 18 to the same terms and 32 conditions as set forth herein for CONTRACTOR.
19 33 C. CONTRACTOR shall ensure that all subcontractors performing work on behalf of 20 34 CONTRACTOR pursuant to this Contract Agreement shall be covered under CONTRACTOR’s insurance as an 21 35 Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for 22 36 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less 23 37 than the level of coverage required by COUNTY from CONTRACTOR under this ContractAgreement. It is the 24 18 of 3336 1 obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor 25 and 2 to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of 26 insurance 3 must be maintained by CONTRACTOR through the entirety of this Contract Agreement for inspection by 27 4 COUNTY representative(s) at any reasonable time.
28 5 D. All SIRs and deductibles shall be clearly stated on the COI. If no SIRs or deductibles apply, 6 indicate this on the COI with a zero (0) by the appropriate line of coverage. Any SIR or deductible in an amount such failure shall constitute a breach of CONTRACTOR’s obligation hereunder and Paragraph XII (INDEMNIFICATION AND INSURANCE) as required in excess of fifty thousand 29 dollars ($50,000) shall specifically be approved by this interpreted as though the CEO/Office of Risk Management upon review ofCONTRACTOR was an insurer and the COUNTY was the insured.
Appears in 1 contract
