Common use of Insurance Provision Clause in Contracts

Insurance Provision. RECEIVING SCHOOL DISTRICT shall purchase from and maintain in a company or companies lawfully licensed to do business in the State of New York such insurance as will protect RECEIVING SCHOOL DISTRICT and SENDING SCHOOL DISTRICT from claims for which RECEIVING SCHOOL DISTRICT may be legally liable, whether such operations be by RECEIVING SCHOOL DISTRICT or by anyone directly or indirectly employed by it, or by anyone for whose acts it may be liable. Notwithstanding any terms, conditions or provisions in any other writing between the parties, RECEIVING SCHOOL DISTRICT hereby agrees to effectuate the naming of SENDING SCHOOL DISTRICT as an unrestricted additional insured on RECEIVING SCHOOL DISTRICT’s insurance policies, with the exception of workers' compensation and professional liability. If the policy is written on a claims-made basis, the retroactive date must precede the date of this Agreement. The policy naming SENDING SCHOOL DISTRICT as an additional insured shall: a. Be purchased from an A.M. Best A- rated insurer, authorized to conduct business in New York State and licensed and admitted to issue insurance in New York State. b. Contain a provision that provides SENDING SCHOOL DISTRICT with 30-days prior written notice of cancellation of any of RECEIVING SCHOOL DISTRICT’S insurance policies. c. State that RECEIVING SCHOOL DISTRICT's coverage shall be primary and non-contributory coverage for SENDING SCHOOL DISTRICT, its Board of Education, officers, employees and volunteers. d. SENDING SCHOOL DISTRICT shall be listed as an additional insured by using endorsement CG 20 26 or equivalent. The certificate must state what endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. The decision to accept another endorsement rests solely with SENDING SCHOOL DISTRICT. e. The certificate of insurance must describe the services provided by RECEIVING SCHOOL DISTRICT that are covered by the liability policies.

Insurance Provision. RECEIVING SCHOOL DISTRICT shall purchase from and maintain in a company or companies lawfully licensed to do business in the State of New York such insurance as will protect RECEIVING SCHOOL DISTRICT and SENDING SCHOOL DISTRICT from claims for which RECEIVING SCHOOL DISTRICT may be legally liable, whether such operations be by RECEIVING SCHOOL DISTRICT or by anyone directly or indirectly employed by itany of them, or by anyone for whose acts it any of them may be liable. Notwithstanding any terms, conditions or provisions in any other writing between the parties, RECEIVING SCHOOL DISTRICT hereby agrees to effectuate the naming of SENDING SCHOOL DISTRICT as an unrestricted additional insured on RECEIVING SCHOOL DISTRICT’s insurance policies, with the exception of workers' compensation and professional liability. If the policy is written on a claims-made basis, the retroactive date must precede the date of this Agreement. The policy naming SENDING SCHOOL DISTRICT as an additional insured shall: a. Be purchased from an A.M. Best A- rated "secured" insurer, authorized to conduct business in New York State and licensed and admitted to issue insurance in New York State. b. Contain a provision that provides SENDING SCHOOL DISTRICT with 30-days prior written day notice of cancellation of any of RECEIVING SCHOOL DISTRICT’S insurance policiescancellation. c. State that RECEIVING SCHOOL DISTRICTthe organization's coverage shall be primary and non-contributory coverage for SENDING SCHOOL DISTRICT, its Board of Education, officersBoard, employees and volunteers. d. SENDING SCHOOL DISTRICT shall be listed as an additional insured by using endorsement CG 20 26 2026 or equivalentbroader. The certificate must state what that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. e. RECEIVING SCHOOL DISTRICT agrees to indemnify SENDING SCHOOL DISTRICT for any applicable deductibles. f. Required Insurance: i. Commercial General Liability Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate. ii. The decision to accept another endorsement rests solely with Automobile Liability: $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. iii. Workers' Compensation and N.Y.S. Disability: Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits Insurance for all employees. iv. Professional Errors and Omissions Insurance: $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the consultant performed under this Agreement for SENDING SCHOOL DISTRICT. If written on a “claims-made” basis, the retroactive date must pre-date the inception of this Agreement. Coverage shall remain in effect for two (2) years following the completion of work. e. The certificate g. In the event that any of the insurance must describe the services coverage to be provided by RECEIVING SCHOOL DISTRICT contains a deductible, RECEIVING SCHOOL DISTRICT shall indemnify and hold SENDING SCHOOL DISTRICT harmless from the payment of such deductible, which deductible shall in all circumstances remain the sole obligation and expense of RECEIVING SCHOOL DISTRICT. h. RECEIVING SCHOOL DISTRICT shall provide the SENDING SCHOOL DISTRICT with evidence of the above insurance requirements upon execution of the within Agreement. RECEIVING SCHOOL DISTRICT further acknowledges that are covered its failure to obtain or keep current the insurance coverage required by this Agreement shall constitute a material breach of this Agreement and subjects RECEIVING SCHOOL DISTRICT to liability for damages including, but not limited to, direct, indirect, consequential, special and any other damages SENDING SCHOOL DISTRICT sustains as a result of this breach. In addition, RECEIVING SCHOOL DISTRICT shall be responsible for the liability policiesindemnification to SCHOOL DISTRICT of any and all costs associated with such lapse in coverage including, but not limited to, reasonable attorneys’ fees.

Insurance Provision. RECEIVING SCHOOL DISTRICT shall purchase from and maintain in a company or companies lawfully licensed to do business in the State of New York such insurance as will protect RECEIVING SCHOOL DISTRICT and SENDING SCHOOL DISTRICT from claims for which RECEIVING SCHOOL DISTRICT may be legally liable, whether such operations be by RECEIVING SCHOOL DISTRICT or by anyone directly or indirectly employed by itany of them, or by anyone for whose acts it any of them may be liable. Notwithstanding any terms, conditions or provisions in any other writing between the parties, RECEIVING SCHOOL DISTRICT hereby agrees to effectuate the naming of SENDING SCHOOL DISTRICT as an unrestricted additional insured on RECEIVING SCHOOL DISTRICT’s insurance policies, with the exception of workers' compensation and professional liability. If the policy is written on a claims-claims- made basis, the retroactive date must precede the date of this Agreement. The policy naming SENDING SCHOOL DISTRICT as an additional insured shall: a. Be purchased from an A.M. Best A- rated "secured" insurer, authorized to conduct business in New York State and licensed and admitted to issue insurance in New York State. b. Contain a provision that provides SENDING SCHOOL DISTRICT with 30-days prior written day notice of cancellation of any of RECEIVING SCHOOL DISTRICT’S insurance policiescancellation. c. State that RECEIVING SCHOOL DISTRICTthe organization's coverage shall be primary and non-contributory coverage for SENDING SCHOOL DISTRICT, its Board of Education, officersBoard, employees and volunteers. d. SENDING SCHOOL DISTRICT shall be listed as an additional insured by using endorsement CG 20 26 2026 or equivalentbroader. The certificate must state what that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. e. RECEIVING SCHOOL DISTRICT agrees to indemnify SENDING SCHOOL DISTRICT for any applicable deductibles. f. Required Insurance: i. Commercial General Liability Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate. ii. The decision to accept another endorsement rests solely with Automobile Liability: $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. iii. Workers' Compensation and N.Y.S. Disability: Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits Insurance for all employees. iv. Professional Errors and Omissions Insurance: $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the consultant performed under this Agreement for SENDING SCHOOL DISTRICT. If written on a “claims-made” basis, the retroactive date must pre-date the inception of this Agreement. Coverage shall remain in effect for two (2) years following the completion of work. e. The certificate g. In the event that any of the insurance must describe the services coverage to be provided by RECEIVING SCHOOL DISTRICT contains a deductible, RECEIVING SCHOOL DISTRICT shall indemnify and hold SENDING SCHOOL DISTRICT harmless from the payment of such deductible, which deductible shall in all circumstances remain the sole obligation and expense of RECEIVING SCHOOL DISTRICT. h. RECEIVING SCHOOL DISTRICT shall provide the SENDING SCHOOL DISTRICT with evidence of the above insurance requirements upon execution of the within Agreement. RECEIVING SCHOOL DISTRICT further acknowledges that are covered its failure to obtain or keep current the insurance coverage required by this Agreement shall constitute a material breach of this Agreement and subjects RECEIVING SCHOOL DISTRICT to liability for damages including, but not limited to, direct, indirect, consequential, special and any other damages SENDING SCHOOL DISTRICT sustains as a result of this breach. In addition, RECEIVING SCHOOL DISTRICT shall be responsible for the liability policiesindemnification to SCHOOL DISTRICT of any and all costs associated with such lapse in coverage including, but not limited to, reasonable attorneys’ fees.

Insurance Provision. RECEIVING SCHOOL DISTRICT SERVICE PROVIDER shall purchase from and maintain in a company or companies lawfully licensed to do business in the State of New York such insurance as will protect RECEIVING SCHOOL DISTRICT SERVICE PROVIDER and SENDING SCHOOL DISTRICT from claims for which RECEIVING SCHOOL DISTRICT SERVICE PROVIDER may be legally liable, whether such operations be by RECEIVING SCHOOL DISTRICT SERVICE PROVIDER or by anyone directly or indirectly employed by itany of them, or by anyone for whose acts it any of them may be liable. Notwithstanding any terms, conditions or provisions in any other writing between the parties, RECEIVING SCHOOL DISTRICT SERVICE PROVIDER hereby agrees to effectuate the naming of SENDING SCHOOL DISTRICT as an unrestricted additional insured on RECEIVING SCHOOL DISTRICTSERVICE PROVIDER’s insurance policies, with the exception of workers' compensation and professional liability. If the policy is written on a claims-claims- made basis, the retroactive date must precede the date of this Agreement. The policy naming SENDING SCHOOL DISTRICT as an additional insured shall: a. Be purchased from an A.M. Best A- rated "secured" insurer, authorized to conduct business in New York State and licensed and admitted to issue insurance in New York State. b. Contain a provision that provides SENDING SCHOOL DISTRICT with 30-days prior written day notice of cancellation of any of RECEIVING SCHOOL DISTRICT’S insurance policiescancellation. c. State that RECEIVING SCHOOL DISTRICTthe SERVICE PROVIDER's coverage shall be primary and non-contributory coverage for SENDING SCHOOL DISTRICT, its Board of Education, officers, employees and volunteers. d. SENDING SCHOOL DISTRICT shall be listed as an additional insured by using endorsement CG 20 26 2026 or equivalentbroader. The certificate must state what that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. The decision to accept another endorsement rests solely with SENDING SCHOOL DISTRICT. e. The certificate SERVICE PROVIDER agrees to indemnify SCHOOL DISTRICT for any applicable deductibles. Required Insurance to be provided (all below insurance is mandatory for all service providers unless for good cause shown the Board of Education or Assistant Superintendent for Business has authorized in writing a modification that is attached hereto as Exhibit E): $1,000,000 per occurrence/$2,000,000 aggregate with no exclusions for athletic participants and with proof of coverage for sexual misconduct. Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits Insurance for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. XXXXX certificates are not acceptable. A self-employed person and certain partners and corporate officers are excluded from the definition of “employee” pursuant to Workers’ Compensation Law Section 2 (4). A person claiming an exemption from Worker’ Compensation Insurance must file a CE-200 form with the state and provide a copy of such form to the School District. $2,000,000 per occurrence/$2,000,000 per aggregate for the professional acts of the SERVICE PROVIDER performed under this Agreement for the SCHOOL DISTRICT. If written on a “claims-made” basis, the retroactive date must pre-date the inception of this Agreement. Coverage shall remain in effect for two years following the completion of the professional acts of the SERVICE PROVIDER performed under this Agreement. For dishonest acts of the SERVICE PROVIDER’S employees with coverage for computer fraud and fund transfer including client coverage. On a “Follow Form” basis, with limits of $3,000,000 each occurrence and aggregate. In the event that any of the insurance must describe the services coverage to be provided by RECEIVING SERVICE PROVIDER contains a deductible, SERVICE PROVIDER shall indemnify and hold SCHOOL DISTRICT harmless from the payment of such deductible, which deductible shall in all circumstances remain the sole obligation and expense of SERVICE PROVIDER. SERVICE PROVIDER shall provide SCHOOL DISTRICT with evidence of the above insurance requirements upon execution of the within Agreement. SERVICE PROVIDER further acknowledges that are covered its failure to obtain or keep current the insurance coverage required by this Agreement shall constitute a material breach of this Agreement and subjects SERVICE PROVIDER to liability for damages including, but not limited to, direct, indirect, consequential, special and any other damages SCHOOL DISTRICT sustains as a result of this breach. In addition, SERVICE PROVIDER shall be responsible for the indemnification to SCHOOL DISTRICT of any and all costs associated with such lapse in coverage including, but not limited to, reasonable attorneys’ fees. At the SCHOOL DISTRICT's request, the SERVICE PROVODER shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. At the SCHOOL DISTRICT's request, the SERVICE PROVIDER also will provide a copy of the policy endorsements and forms. The failure of the SCHOOL DISTRICT to object to the contents of the evidence of insurance(s) or the absence of same shall not be deemed a waiver of any and all rights held by the liability policiesSCHOOL DISTRICT. Prior to commencement of its services, SERVICE PROVIDER shall obtain and pay for insurance as may be required to comply with the indemnification and hold harmless provisions outlined under this Agreement. The SCHOOL DISTRICT is a member/owner of the NY Schools Insurance Reciprocal (NYSIR). The SERVICE PROVIDER understands and acknowledges that the procurement of the insurance as required herein is intended to benefit not only the SCHOOL DISTRICT but also the NYSIR, as the SCHOOL DISTRICT's insurer.