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‑A, Class VII or better, in the most recently published edition of Best’s Reports. Contractor shall include WSPAOC, 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 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: this a) 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; ; b) 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; ; c) 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; ; d) Umbrella policy providing excess limits over the primary policies in an amount not less than $3 million; ; e) Professional Liability Errors and Omissions, with a deductible not to exceed $25,000, subject to Section 18.2, and coverage of not less than $1 million per claim/$2 occurrence/$2 million general aggregate; and ; f) Crime Coverage with a deductible not to exceed $1 million, subject to Section 18.2, and coverage of not less than $1 5 million single limit per occurrence and $2 10 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 and g) Cyber-security insurance, with coverage of not less than $1 6 million per occurrence/$2 occurrence/$12 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-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 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‑A-, Class VII or better, in the most recently published edition of Best’s Reports. Contractor shall include WSPAOC, 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 18, WSP AOC may terminate this Contract under under Section 22.1 (Termination for Contractor’s Material Breach). The minimum acceptable limits shall be as indicated below with no deductible except as indicated below: : a) 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; ; b) 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; ; c) 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; ; d) Umbrella policy providing excess limits over the primary policies in an amount not less than $3 million; ; e) Professional Liability Errors and Omissions, with a deductible not to exceed $25,000, subject to Section 18.2, and coverage of not less than $1 million per claim/$2 occurrence/$2 million general aggregate; and and f) Crime Coverage with a deductible not to exceed $1 million, subject to Section 18.2, and coverage of not less than $1 5 million single limit per occurrence and $2 10 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 ContractAgreement, 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 California and having a rating of A‑, Class VII or better, in approved by the most recently published edition of Best’s ReportsExchange. Contractor shall include WSPthe Exchange, its boards, agenciesBoard, contractors, officesofficers, employees, agents and volunteers volunteers, both individually and collectively, as additional insureds a named insured party in Contractor’s liability insurance policy obtained hereunder. Such insurance shall apply as primary insurance for these insureds. If Contractor fails to buy and maintain the insurance coverage described in this Section 18Section, WSP the Exchange may terminate this Contract under Section 22.1 (Termination Agreement for Contractor’s Material Breach). The minimum acceptable limits shall be as indicated below with no deductible except as indicated below: Commercial Comprehensive General Liability or equivalent self-insurance 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; Comprehensive Business Automobile Liability (owned, hired, or non-ownedowned vehicles) 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 Staff and 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; Third-Party Fidelity bond of not less than $5 million per occurrence; Errors and Omissions Insurance with limits not less than $30 million per occurrence to be in force and effect at all times which shall indemnify the Exchange for loss which may be incurred due to human error, computer error, machine error, or problems with non-common carrier telecommunication lines owned or leased by the Contractor, or equipment problems, whether caused by negligence, error, omission, or mistake by Contractor or any employee, officer, or agents thereof; Umbrella policy providing excess limits over the primary policies in an amount not less than $3 25 million; and Professional Liability Errors and OmissionsLiability, with coverage of not less than $1 30 million per claim/$2 million general aggregate; and Crime Coverage occurrence. Contractor agrees that the insurance herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, Contractor agrees to provide at least 30 days’ prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than $1 million single limit per occurrence and $2 million in one year. New certificates of insurance are subject to the aggregate, which shall at a minimum cover occurrences falling in approval of 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, advertisingExchange, and other Contractor agrees that no work or services shall be performed prior to assist the giving of such approval. In the event the Contractor fails to keep in managing and mitigating effect at all times insurance coverage as herein provided, such failure shall be considered 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, computerMaterial Breach, and electronic transmissions fraud the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. The Contractor shall require its subcontractors and theftvendors under this Agreement to maintain insurance commensurate with the nature of such subcontractors’ and vendors’ work, and (xi) other cyber-liability and cyber-crime expenses. Worker’s Compensation Coverage. Prior to performing Services under this Contractfurther, the Contractor shall provide or purchase worker's compensation coverage for require all of its employeessubcontractors and vendors to hold the Contractor and the Exchange harmless. The subcontractors’ and vendors’ Certificate of Insurance shall also have the Contractor, not the State, as may be required of an "employer" as defined in Title 51 RCW, the certificate holder and additional insured. The Contractor shall maintain full compliance with Title 51 RCW during the course certificates of this Contractinsurance for all its subcontractors and vendors. WSP The State will not be responsible provide for payment of nor compensate Contractor for any insurance premiums or costs for any other claim type or benefit for Contractoramount of insurance. By signing this Agreement, or any Subcontractor or employee the Contractor hereby warrants that it carries Workers’ Compensation Insurance on all of Contractor, which might arise under applicable laws during its employees who will be engaged in the performance of duties and Services under this ContractAgreement. HoweverIf staff provided by the Contractor are defined as independent contractors, 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 agencyclause does not apply.

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 Contract, maintain, in full force and effect, the insurance coverage described in this SectionSection 51 (Insurance). Contractor shall must acquire such insurance from an insurance carrier or carriers licensed or authorized 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 a named additional insureds insured party in Contractor’s commercial general liability and auto liability insurance policy policies obtained hereunder. If Contractor fails to buy and maintain the insurance coverage described in this Section 1851, WSP OFM may terminate this Contract under Section 22.1 64 (Termination for Contractor’s Material BreachDefault). The minimum acceptable limits shall be as indicated below with no deductible except as indicated below: : a. 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 5 million per occurrence/$2 occurrence/$10 million general annual aggregate; . The policy must include liability arising out of the parties’ performance under this Contract, including premises, operations, vicarious liability for 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; b. 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; ; c. 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; ; d. Umbrella policy providing excess limits over the primary policies in an amount not less than $3 5 million; e. Professional liability insurance is required if services delivered pursuant to this Contract, 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 $10 million per claim. If the policy contains an annual 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. Contractor agrees to disclose the existence and nature of any limiting endorsement that applies to any liability insurance policy purchased in accordance 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; Professional Liability Errors and f. Crime Coverage with a deductible not to exceed $1 million and Omissions, with coverage of not less than $1 10 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 aggregateloss, 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 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 agencyemployees working at OFM locations.