Common use of Insurance Conditions Clause in Contracts

Insurance Conditions. (a) The insurance in Sections 8.1(a) through 8.1(f) above shall be primary and noncontributing with respect to any insurance or self-insurance that may be maintained by either Party and shall waive all rights of subrogation against Skorpios and its affiliates. Completed operations coverage, where applicable, will be maintained for not less than three years after the termination of this Agreement. The limits required above may be shown as a combination of primary and excess umbrella limits. All coverage required by Section 8.1(b) shall contain standard cross liability provisions. (b) The insurance and the insurance policies required by this Section 8.2(b) shall provide that no less than 30 days' written notice shall be given to Skorpios prior to any modification, cancellation, change or non-renewal of the policies or any reduction in coverage below the limits specified in Sections 8.1(a) through 8.1(f) above. Prior to commencing performance under the Purchase Order annually during the term of this Agreement, Supplier shall promptly provide certificates of insurance evidencing that Supplier is maintaining the required coverage set forth above. Prior to the commencement of any Services and at Skorpios’ request at any time thereafter, Supplier shall promptly provide certificates of insurance evidencing that Supplier is maintaining the required coverage set forth above. The insurers selected by Supplier shall be reasonably acceptable to Skorpios and each have rating in the Best's Key Rating Insurance Guide (latest edition in effect on the latest date stated in the certificates of insurance referred to in the immediately preceding sentence) of A-XIl or better, or be otherwise acceptable to Skorpios. Supplier shall require that its subcontractors, if any, maintain and, upon request, provide evidence of, insurance coverages as specified in this Section 8 naming Supplier and Skorpios, Skorpios’ affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, as an additional insured or loss payee where relevant. (c) In the case of loss or damage or other event that requires notice or other action under the terms of any insurance coverage specified in this Section 8, Supplier shall be solely responsible to take such action. Skorpios shall notify Supplier, as soon as practicable, of any loss or damage or other event requiring notice or other action of which Skorpios becomes aware, provided that the failure of Skorpios to do so will not relieve Supplier of its obligations under this Section 8.2(c). Supplier shall provide Skorpios with contemporaneous notice and with such other information as Skorpios may request regarding the event. (d) Failure of Supplier to provide insurance as herein required or failure of Skorpios to require evidence of insurance or to notify Supplier of any breach by Supplier of the requirements of this Section 8 shall not be deemed to be a waiver by Skorpios of any of the terms of this Agreement, including the obligation of Supplier to defend, indemnify, and hold harmless Skorpios as required herein. Commencement of Services without the required certificates of insurance shall not constitute a waiver by Skorpios of any rights under this Agreement or any remedy, at law or in equity. The obligation to procure and maintain any insurance required herein is a separate responsibility of Supplier and independent of the duty to furnish a copy or certificate of such insurance policies. (e) In the event of any failure by Supplier to comply with the insurance requirements in this Section 8, Skorpios may, without in any way compromising or waiving any right or remedy, at law or in equity, upon five days' written notice to Supplier, purchase such insurance, at Supplier's expense, provided that Skorpios shall have no obligation to do so and if Skorpios shall do so, Supplier shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. And such reasonable costs incurred by Skorpios shall be promptly reimbursed by Supplier and/or may be withheld from any payment due Supplier. (f) None of the requirements contained herein as to types, limits or Skorpios’ approval of insurance coverage to be maintained by Supplier are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Supplier under this Agreement, any other agreement with Skorpios, or otherwise provided by law.

Insurance Conditions. (a) The insurance in Sections 8.1(a14.1(a) through 8.1(f14.1(f) above shall be primary and noncontributing non- contributing with respect to any insurance or self-insurance that may be maintained by either Party and shall waive all rights of subrogation against Skorpios Exelon and its affiliatesAffiliates. Completed operations Operations coverage, where applicable, will be maintained for not less than three (3) years after the termination end of operations under this Agreement. The limits required above may be shown as a combination of primary and excess umbrella limits. All coverage required by Section 8.1(b14.1(b) shall contain standard cross liability provisions. (b) The insurance and the insurance policies required by this Section 8.2(b14.2(b) shall provide that no less than 30 thirty (30) days' ’ written notice shall be given to Skorpios Exelon prior to any modification, cancellation, change or non-renewal of the policies or any reduction in coverage below the limits specified in Sections 8.1(a14.1(a) through 8.1(f14.1(f) above. Prior to commencing performance under the Purchase Order commencement of any Services annually during the term of this Agreement, Supplier Vendor shall promptly provide certificates of insurance evidencing that Supplier Vendor is maintaining the required coverage set forth above. Prior to the commencement of any Services and at Skorpios’ Exelon’s request at any time thereafter, Supplier Vendor shall promptly provide certificates of insurance evidencing that Supplier Vendor is maintaining the required coverage set forth above. The insurers selected by Supplier Vendor shall be reasonably acceptable to Skorpios Exelon and each have a rating in the Best's ’s Key Rating Insurance Guide (latest edition in effect on the latest date stated in the certificates of insurance referred to in the immediately preceding sentence) of A-XIl A-/VII or better, or be otherwise acceptable to SkorpiosExelon. Supplier Vendor shall require that its subcontractors, if any, maintain and, upon request, provide evidence of, insurance coverages as specified in this Section 8 Article 14 naming Supplier Vendor and SkorpiosExelon Corporation, Skorpios’ affiliates its Affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, as an additional insured or loss payee where relevant. (c) In the case of loss or damage or other event that requires notice or other action under the terms of any insurance coverage specified in this Section 8Article 14, Supplier Vendor shall be solely responsible to take such action. Skorpios Exelon shall notify SupplierVendor, as soon as practicable, of any loss or damage or other event requiring notice or other action of which Skorpios Exelon becomes aware, provided that the failure of Skorpios Exelon to do so will not relieve Supplier Vendor of its obligations under this Section 8.2(c14.2(c). Supplier Vendor shall provide Skorpios Exelon with contemporaneous notice and with such other information as Skorpios Exelon may request regarding the event. (d) Failure of Supplier Vendor to provide insurance as herein required or failure of Skorpios Exelon to require evidence of insurance or to notify Supplier Vendor of any breach by Supplier Vendor of the requirements of this Section 8 Article 14 shall not be deemed to be a waiver by Skorpios Exelon of any of the terms of this Agreement, including the obligation of Supplier Vendor to defend, indemnify, and hold harmless Skorpios Exelon as required herein. Commencement of Services without the required certificates of insurance shall not constitute a waiver by Skorpios Exelon of any rights under this Agreement or any remedy, at law or in equity. The obligation to procure and maintain any insurance required herein is a separate responsibility of Supplier Vendor and independent of the duty to furnish a copy or certificate of such insurance policies. (e) In the event of any failure by Supplier Vendor to comply with the insurance requirements in this Section 8Article 14, Skorpios Exelon may, without in any way compromising or waiving any right or remedy, at law or in equity, upon five (5) days' ’ written notice to SupplierVendor, purchase such insurance, at Supplier's Vendor’s expense, provided that Skorpios Exelon shall have no obligation to do so and if Skorpios Exelon shall do so, Supplier Vendor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. And All such reasonable costs incurred by Skorpios Exelon shall be promptly reimbursed by Supplier Vendor and/or may be withheld from any payment due SupplierVendor, subject to the provisions of Section 9.7. (f) None of the requirements contained herein as to types, limits or Skorpios’ Exelon’s approval of insurance coverage to be maintained by Supplier Vendor are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Supplier Vendor under this Agreement, any other agreement with SkorpiosExelon, or otherwise provided by law.

Insurance Conditions. (a) The insurance in Sections 8.1(a) 1.1(a), through 8.1(f1.1(e) above shall be primary and noncontributing non-contributing with respect to any insurance or self-insurance that may be maintained by either Party and shall waive all rights of subrogation against Skorpios Exelon and its affiliatesAffiliates. Completed operations Operations coverage, where applicable, will be maintained for not less than three (3) years after the termination end of operations under this Agreement. The limits required above may be shown as a combination of primary and excess umbrella limits. All coverage required by Section 8.1(b1.1(b) shall contain standard cross liability provisions. (b) The Certificates of insurance and the insurance policies required by this Section 8.2(b) shall provide that no less than 30 thirty (30) days' ’ written notice shall be given to Skorpios Exelon prior to any modification, cancellation, change or non-renewal of the policies or any reduction in coverage below the limits specified in Sections 8.1(a) 1.1(a), through 8.1(f1.1(e) above. Prior to commencing performance under the Purchase Order annually during the term commencement of this Agreementany Services and at Exelon’s request at any time thereafter, Supplier Vendor shall promptly provide certificates of insurance evidencing that Supplier Vendor is maintaining the required coverage set forth above. Prior to the commencement of any Services and at Skorpios’ Exelon’s request at any time thereafter, Supplier Vendor shall promptly provide certificates of insurance evidencing that Supplier Vendor is maintaining the required coverage set forth above. The insurers selected by Supplier Vendor shall be reasonably acceptable to Skorpios Exelon and each have a rating in the Best's ’s Key Rating Insurance Guide (latest edition in effect on the latest date stated in the certificates of insurance referred to in the immediately preceding sentence) of A-XIl A-/VII or better, or be otherwise acceptable to SkorpiosExelon. Supplier Vendor shall require that its subcontractors, if any, maintain and, upon request, provide evidence of, insurance coverages as specified in this Section 8 Exhibit 3 naming Supplier Vendor and SkorpiosExelon Corporation, Skorpios’ affiliates its Affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, as an additional insured or loss payee where relevant. (c) In the case of loss or damage or other event that requires notice or other action under the terms of any insurance coverage specified in this Section 8Exhibit 3, Supplier Vendor shall be solely responsible to take such action. Skorpios Exelon shall notify SupplierVendor, as soon as practicable, of any loss or damage or other event requiring notice or other action of which Skorpios Exelon becomes aware, provided that the failure of Skorpios Exelon to do so will not relieve Supplier Vendor of its obligations under this Section 8.2(c1.1(c). Supplier Vendor shall provide Skorpios Exelon with contemporaneous notice and with such other information as Skorpios Exelon may request regarding the event. (d) Failure of Supplier Vendor to provide insurance as herein required or failure of Skorpios Exelon to require evidence of insurance or to notify Supplier Vendor of any breach by Supplier Vendor of the requirements of this Section 8 Exhibit 3 shall not be deemed to be a waiver by Skorpios Exelon of any of the terms of this Agreement, including the obligation of Supplier Vendor to defend, indemnify, and hold harmless Skorpios Exelon as required herein. Commencement of Services without the required certificates of insurance shall not constitute a waiver by Skorpios Exelon of any rights under this Agreement or any remedy, at law or in equity. The obligation to procure and maintain any insurance required herein is a separate responsibility of Supplier Vendor and independent of the duty to furnish a copy or certificate of such insurance policies. (e) In the event of any failure by Supplier Vendor to comply with the insurance requirements in this Section 8Exhibit 3, Skorpios Exelon may, without in any way compromising or waiving any right or remedy, at law or in equity, upon five (5) days' ’ written notice to SupplierVendor, purchase such insurance, at Supplier's Vendor’s expense, provided that Skorpios Exelon shall have no obligation to do so and if Skorpios Exelon shall do so, Supplier Vendor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. And All such reasonable costs incurred by Skorpios Exelon shall be promptly reimbursed by Supplier Vendor and/or may be withheld from any payment due SupplierVendor. (f) None of the requirements contained herein as to types, limits or Skorpios’ Exelon’s approval of insurance coverage to be maintained by Supplier Vendor are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Supplier Vendor under this Agreement, any other agreement with SkorpiosExelon, or otherwise provided by law.

Insurance Conditions. (a) The insurance in Sections 8.1(a) 1.1(a), through 8.1(f1.1(f) above shall be primary and noncontributing non-contributing with respect to any insurance or self-insurance that may be maintained by either Party and shall waive all rights of subrogation against Skorpios Exelon and its affiliatesAffiliates. Completed operations Operations coverage, where applicable, will be maintained for not less than three years after the termination end of operations under this Agreement. The limits required above may be shown as a combination of primary and excess umbrella limits. All coverage required by Section 8.1(b1.1(b) shall contain standard cross liability provisions. (b) The insurance and the insurance policies required by this Section 8.2(b1.2(b) shall provide that no less than 30 thirty (30) days' ’ written notice shall be given to Skorpios Exelon prior to any modification, cancellation, change or non-renewal of the policies or any reduction in coverage below the limits specified in Sections 8.1(a) 1.1(a), through 8.1(f1.1(f) above. Prior to commencing performance under the Purchase Order commencement of any Services and annually during the term of this Agreement, Supplier Vendor shall promptly provide certificates of insurance evidencing that Supplier Vendor is maintaining the required coverage set forth above. Prior to the commencement of any Services and at Skorpios’ Exelon’s request at any time thereafter, Supplier Vendor shall promptly provide certificates of insurance evidencing that Supplier Vendor is maintaining the required coverage set forth above. The insurers selected by Supplier Vendor shall be reasonably acceptable to Skorpios Exelon and each have a rating in the Best's ’s Key Rating Insurance Guide (latest edition in effect on the latest date stated in the certificates of insurance referred to in the immediately preceding sentence) of A-XIl A-/VII or better, or be otherwise acceptable to SkorpiosExelon. Supplier Vendor shall require that its subcontractors, if any, maintain and, upon request, provide evidence of, insurance coverages as specified in this Section 8 Exhibit 4 naming Supplier Vendor and SkorpiosExelon Corporation, Skorpios’ affiliates its Affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, as an additional insured or loss payee where relevant. (c) In the case of loss or damage or other event that requires notice or other action under the terms of any insurance coverage specified in this Section 8Exhibit 4, Supplier Vendor shall be solely responsible to take such action. Skorpios Exelon shall notify SupplierVendor, as soon as practicable, of any loss or damage or other event requiring notice or other action of which Skorpios Exelon becomes aware, provided that the failure of Skorpios Exelon to do so will not relieve Supplier Vendor of its obligations under this Section 8.2(c1.2(c). Supplier Vendor shall provide Skorpios Exelon with contemporaneous notice and with such other information as Skorpios Exelon may request regarding the event. (d) Failure of Supplier Vendor to provide insurance as herein required or failure of Skorpios Exelon to require evidence of insurance or to notify Supplier Vendor of any breach by Supplier Vendor of the requirements of this Section 8 Exhibit 4 shall not be deemed to be a waiver by Skorpios Exelon of any of the terms of this Agreement, including the obligation of Supplier Vendor to defend, indemnify, and hold harmless Skorpios Exelon as required herein. Commencement of Services without the required certificates of insurance shall not constitute a waiver by Skorpios Exelon of any rights under this Agreement or any remedy, at law or in equity. The obligation to procure and maintain any insurance required herein is a separate responsibility of Supplier Vendor and independent of the duty to furnish a copy or certificate of such insurance policies. (e) In the event of any failure by Supplier Vendor to comply with the insurance requirements in this Section 8Exhibit 4, Skorpios Exelon may, without in any way compromising or waiving any right or remedy, at law or in equity, upon five (5) days' ’ written notice to SupplierVendor, purchase such insurance, at Supplier's Vendor’s expense, provided that Skorpios Exelon shall have no obligation to do so and if Skorpios Exelon shall do so, Supplier Vendor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. And All such reasonable costs incurred by Skorpios Exelon shall be promptly reimbursed by Supplier Vendor and/or may be withheld from any payment due SupplierVendor. (f) None of the requirements contained herein as to types, limits or Skorpios’ Exelon’s approval of insurance coverage to be maintained by Supplier Vendor are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Supplier Vendor under this Agreement, any other agreement with SkorpiosExelon, or otherwise provided by law.