Common use of Liability and Auto Insurance Clause in Contracts

Liability and Auto Insurance. Contractor shall, at its sole cost and expense, obtain, and, during the term of this Contract, maintain, in full force and effect, the insurance coverage described in this Section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the State of Washington and having a rating of A‑, Class VII or better, in the most recently published edition of Best’s Reports. Contractor shall include WSP, its boards, agencies, contractors, offices, employees, agents and volunteers as additional insureds in Contractor’s liability insurance policy obtained hereunder. If Contractor fails to buy and maintain the insurance coverage described in this Section 18, WSP may terminate this Contract under Section 22.1 (Termination for Contractor’s Material Breach). The minimum acceptable limits shall be as indicated below: Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; Business Automobile Liability (owned, hired, or non-owned) covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability, with a limit of not less than $1 million per accident; Employers Liability insurance covering the risks of Contractor’s employees’ bodily injury by accident or disease with limits of not less than $1 million per accident for bodily injury by accident and $1 million per employee for bodily injury by disease; Umbrella policy providing excess limits over the primary policies in an amount not less than $3 million; Professional Liability Errors and Omissions, with coverage of not less than $1 million per claim/$2 million general aggregate; and Crime Coverage of not less than $1 million single limit per occurrence and $2 million in the aggregate, which shall at a minimum cover occurrences falling in the following categories: Computer Fraud; Forgery; Money and Securities; and Employee Dishonesty; and Cyber-security insurance, with coverage of not less than $1 million per occurrence/$2 million general aggregate, that includes but is not limited to coverage for first-party costs and third-party claims from: (i) failure to protect data, including unauthorized disclosure, use or access, (ii) security failure or privacy breach, (iii) failure to disclose such breaches as required by law, regulation or contract, (iv) notifications, public relations, credit monitoring, postage, advertising, and other services to assist in managing and mitigating a cyber-incident, (v) interruptions of business operations, (vi) network security failure, (vii) cyber-extortion, (viii) cyber-terrorism, (ix) communications and media liability (e.g., infringement of copyright, title, slogan, trademark, trade name, trade dress, service mark or service name in the policyholder's covered material), (x) EFT, computer, and electronic transmissions fraud and theft, and (xi) other cyber-liability and cyber-crime expenses. Worker’s Compensation Coverage. Prior to performing Services under this Contract, Contractor shall provide or purchase worker's compensation coverage for its employees, as may be required of an "employer" as defined in Title 51 RCW, and shall maintain full compliance with Title 51 RCW during the course of this Contract. WSP will not be responsible for payment of premiums or for any other claim or benefit for Contractor, or any Subcontractor or employee of Contractor, which might arise under applicable laws during the performance of duties and Services under this Contract. However, should Contractor fail to secure insurance coverage or fail to pay premiums on behalf of its employees, WSP may deduct the amount of premiums and any penalties owing from the amounts payable to Contractor under this Contract and transmit the same to the responsible State agency.

Liability and Auto Insurance. Contractor shall, at its sole cost and expense, obtain, and, during the term of this Contract, maintain, in full force and effect, the insurance coverage described in this Section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the State of Washington and having a rating of A‑, Class VII or better, in the most recently published edition of Best’s Reports. Contractor shall include WSP, its boards, agencies, contractors, offices, employees, agents and volunteers as additional insureds in Contractor’s liability insurance policy obtained hereunder. If Contractor fails to buy and maintain the insurance coverage described in this Section 18, WSP may terminate this Contract under Section 22.1 (Termination for Contractor’s Material Breach). The minimum acceptable limits shall be as indicated below: Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; Business Automobile Liability (owned, hired, or non-owned) covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability, with a limit of not less than $1 million per accident; Employers Liability insurance covering the risks of Contractor’s employees’ bodily injury by accident or disease with limits of not less than $1 million per accident for bodily injury by accident and $1 million per employee for bodily injury by disease; Umbrella policy providing excess limits over the primary policies in an amount not less than $3 million; Professional Liability Errors and Omissions, with coverage of not less than $1 million per claim/$2 million general aggregate; and Crime Coverage of not less than $1 million single limit per occurrence and $2 million in the aggregate, which shall at a minimum cover occurrences falling in the following categories: Computer Fraud; Forgery; Money and Securities; and Employee Dishonesty; and Cyber-security insurance, with coverage of not less than $1 million per occurrence/$2 million general aggregate, that includes but is not limited to coverage for first-party costs and third-party claims from: (i) failure to protect data, including unauthorized disclosure, use or access, (ii) security failure or privacy breach, (iii) failure to disclose such breaches as required by law, regulation or contract, (iv) notifications, public relations, credit monitoring, postage, advertising, and other services to assist in managing and mitigating a cyber-incident, (v) interruptions of business operations, (vi) network security failure, (vii) cyber-extortion, (viii) cyber-terrorism, (ix) communications and media liability (e.g., infringement of copyright, title, slogan, trademark, trade name, trade dress, service mark xxxx or service name in the policyholder's covered material), (x) EFT, computer, and electronic transmissions fraud and theft, and (xi) other cyber-liability and cyber-crime expenses. Worker’s Compensation Coverage. Prior to performing Services under this Contract, Contractor shall provide or purchase worker's compensation coverage for its employees, as may be required of an "employer" as defined in Title 51 RCW, and shall maintain full compliance with Title 51 RCW during the course of this Contract. WSP will not be responsible for payment of premiums or for any other claim or benefit for Contractor, or any Subcontractor or employee of Contractor, which might arise under applicable laws during the performance of duties and Services under this Contract. However, should Contractor fail to secure insurance coverage or fail to pay premiums on behalf of its employees, WSP may deduct the amount of premiums and any penalties owing from the amounts payable to Contractor under this Contract and transmit the same to the responsible State agency.

Liability and Auto Insurance. Contractor shallmust, at its sole cost and expense, obtain, and, during the term of this ContractAgreement, maintain, in full force and effect, the insurance coverage described in this Section. Contractor shall must acquire such insurance from an insurance carrier or carriers licensed to conduct business in the State of Washington and having a rating of A‑A-, Class VII or better, in the most recently published edition of Best’s Reports. Contractor shall must include WSPOFM, its boards, agencies, contractors, offices, employees, agents and volunteers as additional insureds a named insured party in Contractor’s liability insurance policy obtained hereunder. If Contractor fails to buy and maintain the insurance coverage described in this Section 18titled Insurance, WSP OFM may terminate this Contract Agreement under the‌ Section 22.1 (titled Termination for Contractor’s Material Breach)Cause. The minimum acceptable limits shall be as indicated below with no deductible except as indicated below: Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate. The policy must include liability arising out of the parties’ performance under this Agreement, including but not limited to premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. OFM, its elected and appointed officials, agents, and employees of the state, must be named as additional insureds; Business Automobile Liability (owned, hired, or non-owned) covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability, with a limit of not less than $1 million per accident; Employers Liability insurance covering the risks of Contractor’s employees’ bodily injury by accident or disease with limits of not less than $1 million per accident for bodily injury by accident and $1 million per employee for bodily injury by disease; Umbrella policy providing excess limits over the primary policies in an amount not less than $3 5 million; Professional Liability Errors liability insurance is required if services delivered pursuant to this agreement, either directly or indirectly, involve or require providing professional services. Such coverage must cover injury or loss resulting from Contractors’ rendering or failing to render professional services. Contractor must maintain minimum limits no less than $1,000,000 per incident, loss, or person, as applicable. If defense costs are paid within the limit of liability, Contractor must maintain limits of $2,000,000 per incident, loss, or person, as applicable. If the policy contains a general aggregate or policy limit, it must be at least two times the incident, loss or person limit. If professional liability insurance is written on a “claims made” basis, the policy must provide full coverage for prior acts or include a retroactive date that precedes the effective date of this contract. Contractor agrees to disclose the existence and Omissions, nature of any limiting endorsement that applies to any liability insurance policy purchased in accord with this contract. Contractor is required to buy professional liability insurance for a period of 24 months after completion of this contract. This requirement may be satisfied by the continuous purchase of commercial insurance or an extended reporting period; and Crime Coverage with a deductible not to exceed $1 million and coverage of not less than $1 million per claim/$2 million general aggregate; and Crime Coverage of not less than $1 million single limit per occurrence and $2 35 million in the aggregate, which shall must at a minimum cover occurrences falling in the following categories: Computer Fraud; ForgeryRobbery; Safe Burglary; Forgery or Alteration; Money and Securities; Employee Dishonesty and Employee DishonestyTheft; and Cyber-security insuranceTheft, with coverage Disappearance and Destruction of not less than $1 million per occurrence/$2 million general aggregate, that includes but is not limited to Property. Crime Coverage must include coverage for first-party costs and third-party claims from: (i) failure to protect data, including unauthorized disclosure, use or access, (ii) security failure or privacy breach, (iii) failure to disclose such breaches as required by law, regulation or contract, (iv) notifications, public relations, credit monitoring, postage, advertising, and other services to assist in managing and mitigating a cyber-incident, (v) interruptions of business operations, (vi) network security failure, (vii) cyber-extortion, (viii) cyber-terrorism, (ix) communications and media liability (e.g., infringement of copyright, title, slogan, trademark, trade name, trade dress, service mark or service name in the policyholder's covered material), (x) EFT, computer, and electronic transmissions fraud and theft, and (xi) other cyber-liability and cyber-crime expensesContractor employees working at OFM locations. Worker’s Compensation Industrial Insurance Coverage. Prior to performing Services work under this ContractAgreement, Contractor shall must provide or purchase worker's compensation industrial insurance coverage for its employees, as may be required of an "“employer" ” as defined in Title 51 RCW, and shall must maintain full compliance with Title 51 RCW during the course of this Contract. WSP OFM will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for Contractor, or any Subcontractor or employee or agent of Contractor, which might Contractor that may arise under applicable the industrial insurance laws during the performance of duties and Services services under this Contract. However, should Contractor fail to secure insurance coverage or fail to pay premiums on behalf of its employees, WSP OFM may deduct the amount of premiums and any penalties owing from the amounts payable to Contractor under this Contract Agreement and transmit the same to the responsible State agency.. This provision does not waive any of rights of the responsible State agency to collect from the Contractor.‌ Subcontractors. Contractor must require all Subcontractors to have and provide evidence of insurance coverage with the following limits:‌ Type of Insurance Coverage Limits Workers’ Compensation Statutory Employer’s Liability $1,000,000 each occurrence General Liability (bodily injury and property damage combined) $1,000,000 each occurrence/2M aggregate Automobile Liability $1,000,000 each occurrence In addition to these coverage limits applicable to all Subcontractors, any Subcontractor providing remote processing services for Contractor must provide cyber-liability coverage as follows: $5 million coverage for Cyber Extortion, Cyber Terrorism, and Privacy Liability, with a $2 million sub-limit coverage for breach response cost and notification expenses. Prior to subcontracting Services to any third party Subcontractor not listed in the Proposal, Contractor must obtain OFM’ approval for such third party pursuant to the Section of this Contract titled Subcontractors, including approval of such third party’s insurance coverage which must be included in these Subcontractor insurance requirements upon OFM approval (but only with respect to such approved Subcontractor). Contractor must maintain copies of Certificates of Insurance for each Subcontractor as evidence that each Subcontractor maintains insurance as required by the Agreement. Failure of Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility. Premiums. Premiums on all insurance policies must be paid by Contractor or its Subcontractors. Such insurance policies provided for OFM pursuant to this Section must expressly provide therein that OFM be named as additional insured, and that it must not be revoked by the insurer until 30 days’ Notice of intended revocation thereof must have first been given to OFM by Contractor.‌