Common use of Insurance Indemnity Clause in Contracts

Insurance Indemnity. (a) During and throughout the entire Term of this Agreement, the Consultant and its Subconsultants shall maintain all such insurance products with the limits set forth below: (i) Comprehensive General Liability (Per Project) – for bodily injury and property damage – including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate. (ii) Professional Liability – in minimum amounts of $1,000,000 per occurrence and $3,000,000 aggregate. (iii) Products & Completed Operations – Aggregate (Per Project) with a limit of not less than $1,000,000. The Products & Completed Operations Insurance policy shall be maintained for a minimum of two (2) years after final payment and the Selected Consultant shall continue to provide evidence of such coverage to the City on an annual basis during the aforementioned period. $1,000,000. (iv) Automobile Liability – with a combined single limit of not less than (v) Excess Umbrella Liability – with limits of not less than $2,000,000 per occurrence and $2,000,000 aggregate. (vi) Workers’ Compensation – with coverage in compliance with the statutory requirements. (vii) Employer’s Liability – with limits of not less than $100,000 each accident, $500,000 disease-policy limit, and $100,000 disease-each employee. (b) Within five (5) calendar days of the City’s transmittal of the Notice of Award, the Consultant shall furnish to the City a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Reading, its elected officials, agents, and employees as additional insureds under the Comprehensive General Liability, Products & Completed Operations, Automobile Liability, and Excess Umbrella coverages, and providing that no policies may be modified or cancelled without thirty (30) days advance written notice to the City. (c) All insurance policies shall be in effect with companies holding an A.M. Best rating of “A-” or better or financial rating of IX or better with the A.M. Best’s Company Key Rating, Guide – Latest Edition and shall be licensed or authorized to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the City. (d) Except as set forth above with respect to the Products & Completed Operations Insurance policy, each insurance policy shall remain in full force and effect until the expiration or termination of the Agreement or until all duties to be performed hereunder by the Consultant have been performed to the satisfaction of the City, whichever shall occur later. (e) All Subconsultants performing work under the Agreement must also carry, at its own expense, the same insurance products in the same coverage amounts that the Consultant is required to carry, as identified above, during the term of the Agreement. No Subconsultant shall perform any work associated with the Project unless and until the City reviews and approves the certificates of insurance provided by such Subconsultant. (f) The Consultant shall indemnify, defend and hold harmless City, its officials, officers, employees and/or agents, from and against any and all third party claims, losses, damages, expenses, costs or other liabilities, including reasonable attorney’s fees, arising out of, or resulting from any breach of this Agreement and/or any act or omission of the Consultant or its Subconsultants, or any of their officials, officers, employees and/or agents or anyone directly or indirectly employed by them or anyone whose acts or omissions they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The Consultant shall further indemnify, defend and hold harmless the City, its officials, officers, employees and/or agents from and against any and all claims made for infringement of any copyright, trademark or patent arising out of the use of any plans, designs, drawings, reports, data or specifications furnished by the Consultant or its Subconsultants in the performance of the Services.

Insurance Indemnity. (a) During and throughout the entire Term of this Agreement, the Consultant and its Subconsultants shall maintain all such insurance products with the limits set forth below: (i) Comprehensive General Liability (Per Project) – for bodily injury and property damage – including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate. (ii) Professional Liability – in minimum amounts of $1,000,000 per occurrence and $3,000,000 aggregate. (iii) Products & Completed Operations – Aggregate (Per Project) with a limit of not less than $1,000,000. The Products & Completed Operations Insurance policy shall be maintained for a minimum of two (2) years after final payment and the Selected Consultant shall continue to provide evidence of such coverage to the City on an annual basis during the aforementioned period. $1,000,000. (iv) Automobile Liability – with a combined single limit of not less thanthan $1,000,000. (v) Excess Umbrella Liability – with limits of not less than $2,000,000 per occurrence and $2,000,000 aggregate. (vi) Workers’ Compensation – with coverage in compliance with the statutory requirements. (vii) Employer’s Liability – with limits of not less than $100,000 each accident, $500,000 disease-policy limit, and $100,000 disease-each employee. (b) Within five (5) calendar days of the City’s transmittal of the Notice of Award, the Consultant shall furnish to the City a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Reading, its elected officials, agents, and employees as additional insureds under the Comprehensive General Liability, Products & Completed Operations, Automobile Liability, and Excess Umbrella coverages, and providing that no policies may be modified or cancelled without thirty (30) days advance written notice to the City. (c) All insurance policies shall be in effect with companies holding an A.M. Best rating of “A-” or better or financial rating of IX or better with the A.M. Best’s Company Key Rating, Guide – Latest Edition and shall be licensed or authorized to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the City. (d) Except as set forth above with respect to the Products & Completed Operations Insurance policy, each insurance policy shall remain in full force and effect until the expiration or termination of the Agreement or until all duties to be performed hereunder by the Consultant have been performed to the satisfaction of the City, whichever shall occur later. (e) All Subconsultants performing work under the Agreement must also carry, at its own expense, the same insurance products in the same coverage amounts that the Consultant is required to carry, as identified above, during the term of the Agreement. No Subconsultant shall perform any work associated with the Project unless and until the City reviews and approves the certificates of insurance provided by such Subconsultant. (f) The Consultant shall indemnify, defend and hold harmless City, its officials, officers, employees and/or agents, including but not limited to Xxxxx Construction, Inc., from and against any and all third party claims, losses, damages, expenses, costs or other liabilities, including reasonable attorney’s fees, arising out of, or resulting from any breach of this Agreement and/or any act or omission of the Consultant or its Subconsultants, or any of their officials, officers, employees and/or agents or anyone directly or indirectly employed by them or anyone whose acts or omissions they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The Consultant shall further indemnify, defend and hold harmless the City, its officials, officers, employees and/or agents from and against any and all claims made for infringement of any copyright, trademark or patent arising out of the use of any plans, designs, drawings, reports, data or specifications furnished by the Consultant or its Subconsultants in the performance of the Services.

Insurance Indemnity. (a) During and throughout the entire Term of this Agreement, the Consultant and its Subconsultants shall maintain all such insurance products with the limits set forth below: (i) Comprehensive General Liability (Per Project) – for bodily injury and property damage – including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate. (ii) Professional Liability – in minimum amounts of $1,000,000 5,000,000 per occurrence and $3,000,000 5,000,000 aggregate. (iii) Products & Completed Operations – Aggregate (Per Project) with a limit of not less than $1,000,0002,000,000. The Products & Completed Operations Insurance policy shall be maintained for a minimum of two (2) years after final payment and the Selected Consultant shall continue to provide evidence of such coverage to the City on an annual basis during the aforementioned period. $1,000,000. (iv) Automobile Liability – with a combined single limit of not less thanthan $1,000,000. (v) Excess Umbrella Liability – with limits of not less than $2,000,000 per occurrence and $2,000,000 aggregate. (vi) Workers’ Worker's Compensation – with coverage in compliance with the statutory requirements. (vii) Employer’s 's Liability – with limits of not less than $100,000 each accident, $500,000 disease-policy limit, and $100,000 disease-each employee. (b) Within five (5) calendar days of the CityOwner’s transmittal of the Notice of Award, the Consultant shall furnish to the City Owner a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Reading, its elected officials, agents, and employees as additional insureds under the Comprehensive General Liability, Products & Completed Operations, Automobile Liability, and Excess Umbrella coverages, and providing that no policies may be modified or cancelled without thirty (30) days advance written notice to the City.Owner. Such certificate shall be issued to (c) All insurance policies shall be in effect with companies holding an A.M. Best rating of “A-” or better or financial rating of IX or better with the A.M. Best’s 's Company Key Rating, Guide – - Latest Edition and shall be licensed or authorized to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the CityOwner. (d) Except as set forth above with respect to the Products & Completed Operations Insurance policy, each insurance policy shall remain in full force and effect until the expiration or termination of the Agreement or until all duties to be performed hereunder by the Consultant have been performed to the satisfaction of the CityOwner, whichever shall occur later. (e) All Subconsultants performing work under the Agreement must also carry, at its own expense, the same insurance products in the same coverage amounts that the Consultant is required to carry, as identified above, during the term of the Agreement. No Subconsultant shall perform any work associated with the Project unless and until the City Owner reviews and approves the certificates of insurance provided by such Subconsultant. (f) The Consultant shall indemnify, defend and hold harmless CityOwner, its officials, officers, employees and/or agents, from and against any and all third party claims, losses, damages, expenses, costs or other liabilities, including reasonable attorney’s fees, arising out of, or resulting from any breach of this Agreement and/or any act or omission of the Consultant or its Subconsultants, or any of their officials, officers, employees and/or agents or anyone directly or indirectly employed by them or anyone whose acts or omissions they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The Consultant shall further indemnify, defend and hold harmless the CityOwner, its officials, officers, employees and/or agents from and against any and all claims made for infringement of any copyright, trademark or patent arising out of the use of any plans, designs, drawings, reports, data or specifications furnished by the Consultant or its Subconsultants in the performance of the Services.

Insurance Indemnity. (a) During and throughout the entire Term of this Agreement, the Consultant and its Subconsultants shall maintain all such insurance products with the limits set forth below: (i) Comprehensive General Liability (Per Project) – for bodily injury and property damage – including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate. (ii) Professional Liability – in minimum amounts of $1,000,000 per occurrence claim and $3,000,000 aggregate. (iii) Products & Completed Operations – Aggregate (Per Project) with a limit of not less than $1,000,000. The Products & Completed Operations Insurance policy shall be maintained for a minimum of two (2) years after final payment and the Selected Consultant shall continue to provide evidence of such coverage to the City on an annual basis during the aforementioned period. $1,000,000. (iv) Automobile Liability – with a combined single limit of not less thanthan $1,000,000. (v) Excess Umbrella Liability – with limits of not less than $2,000,000 per occurrence and $2,000,000 aggregate. (vi) Workers’ Compensation – with coverage in compliance with the statutory requirements. (vii) Employer’s Liability – with limits of not less than $100,000 each accident, $500,000 disease-policy limit, and $100,000 disease-each employee. (b) Within five (5) calendar days of the City’s transmittal of the Notice of Award, the Consultant shall furnish to the City a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Reading, its elected officials, agents, and employees as additional insureds under the Comprehensive General Liability, Products & Completed Operations, Automobile Liability, and Excess Umbrella coverages, and providing that no policies may be modified or cancelled without thirty (30) days advance written notice to the City. (c) All insurance policies shall be in effect with companies holding an A.M. Best rating of “A-” or better or financial rating of IX or better with the A.M. Best’s Company Key Rating, Guide – Latest Edition and shall be licensed or authorized to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the City. (d) Except as set forth above with respect to the Products & Completed Operations Insurance policy, each insurance policy shall remain in full force and effect until the expiration or termination of the Agreement or until all duties to be performed hereunder by the Consultant have been performed to the satisfaction of the City, whichever shall occur later. (e) All Subconsultants performing work under the Agreement must also carry, at its own expense, the same insurance products in the same coverage amounts that the Consultant is required to carry, as identified above, during the term of the Agreement. No Subconsultant shall perform any work associated with the Project unless and until the City reviews and approves the certificates of insurance provided by such Subconsultant. (f) The Consultant shall indemnify, defend and hold harmless City, its officials, officers, employees and/or agentsemployees, from and against any and all third party claims, losses, damages, expenses, costs or other liabilities, including reasonable attorney’s fees, arising out of, or resulting from any breach of this Agreement and/or any negligent act or omission of the Consultant or its Subconsultants, or any of their officials, officers, employees and/or agents or anyone directly or indirectly employed by them or anyone whose acts or omissions they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The Consultant shall further indemnify, defend and hold harmless the City, its officials, officers, and employees and/or agents from and against any and all claims made for infringement of any copyright, trademark or patent arising out of the use of any plans, designs, drawings, reports, data data, or specifications furnished by the Consultant or its Subconsultants in the performance of the Services. Notwithstanding the foregoing, Consultants shall have no obligation to indemnify or defend claims of infringement arising from the express requirements of this Agreement or the City’s direction to use, specify, otherwise implement third- party intellectual property.