Common use of Liability Indemnification/Insurance Clause in Contracts

Liability Indemnification/Insurance. The Mental Health Board assumes no liability for actions of the Provider or the Provider’s employees under this Agreement. The Provider shall indemnify, defend and hold harmless the Mental Health Board, and its respective agents, employees, officers, directors, successors and assigns (collectively, the “Indemnitees”) from, against in and in respect of any damages, claims, allegations, losses, charges, actions, suits, proceedings, judgments, interest, penalties amounts paid in settlement, costs, and expenses (including reasonable and verifiable attorneys’ fees) (collectively, “Losses”) which are imposed on, sustained, paid by, incurred or suffered by or asserted against any of the Indemnitees directly or indirectly related to, arising out of, or resulting from third party claims relating to (i) the acts, omissions or breach of the Provider, its agents or representatives in connection with the performance of its obligations under this Agreement, (ii) any allegations by any federal, state or local government authority that the Provider has in any way misused, misspent, improperly accounted for, or improperly disbursed any funds, including but not limited to any allegations that the Provider has violated any Medicare or Medicaid regulation, statute or ruling, or from any other violation of State or Federal laws and regulations the Provider has certified as being in compliance. During the term of this Agreement the Provider shall maintain in force policies of insurance including general liability, automobile and professional negligence covering its employees and contractors assigned to provide Services hereunder. Policy limits are subject to review and reasonable approval by the Mental Health Board. In addition and unless otherwise agreed in writing, the Mental Health Board and its members and employees shall be named as additional insured on Provider’s policies on a primary, non- contributory basis. Upon execution of this Agreement, and on specific request thereafter, the Provider shall supply to the Mental Health Board a current certificate(s) of insurance, submitted on an ACORD25 form and signed by the insurance broker/agent, reflecting the required insurance policies. The certificate(s) of insurance must reflect the policies’ declarations, including the following specific language: “The [general] [automobile] [professional negligence] liability policies shall include the Board, Board members and Board employees as additional insureds on a primary, non-contributory basis unless otherwise agreed to in writing.” The declaration certificates shall specifically require the Insurance Company to notify the Mental Health Board in writing at least 30 days prior to non-renewal, reduction or cancellation of the policy. All insurance policies shall be written through a company or companies having an AM Best rating of “A” or above. No payment will be made to the provider until proper insurance certification has been received by the Mental Health Board. This Section 18 shall survive the termination of the Agreement.

Liability Indemnification/Insurance. The Mental Health Board assumes no liability for actions of the Provider or the Provider’s employees under this Agreement. The Deleted: 2 Rev – 8/23 Provider shall indemnify, defend and hold harmless the Mental Health Board, and its respective agents, employees, officers, directors, successors and assigns (collectively, the “Indemnitees”) from, against in and in respect of any damages, claims, allegations, losses, charges, actions, suitslawsuits, proceedings, judgments, interest, penalties amounts paid in settlement, costs, and expenses (including reasonable and verifiable attorneys’ fees) (collectively, “Losses”) which are imposed on, sustained, paid by, incurred or suffered by or asserted against any of the Indemnitees directly or indirectly related to, arising out of, or resulting from third party claims relating to (i) the acts, omissions or breach of the Provider, its agents or representatives in connection with the performance of its obligations under this Deleted: Contract Agreement, (ii) any allegations by any federal, state or local government authority that the Provider has in any way misused, misspent, improperly accounted for, or improperly Agency Name FY24 12 Deleted: Contract Agreement the Provider shall maintain in force policies of disbursed any funds, including but not limited to any allegations that the Provider has violated any Medicare or Medicaid regulation, statute or ruling, or from any other violation of State or Federal laws and regulations the Provider has certified as being in compliance. During the term of this Agreement the Provider shall maintain in force policies of Deleted: s insurance including general liability, sexual abuse and molestation coverage, automobile and professional negligence covering its employees and contractors assigned to provide Services hereunder. Policy limits are subject to review and reasonable approval by the Mental Health Board. In addition and unless otherwise agreed in writing, the Mental Health Board and its members and employees shall be named as additional insured on Provider’s policies on a primary, non- contributory basis. Upon execution of this Deleted: Contract Agreement, and on specific request thereafter, the Provider shall Upon execution of this supply to the Mental Health Board a current certificate(s) of insurance, submitted on an ACORD25 form and signed by the insurance broker/agent, reflecting the required insurance policies. The certificate(s) Certificate of insurance Insurance must reflect the policies’ declarations, including include the following specific language: “The [general] [automobile] [professional negligence] general and automobile liability policies shall include the McHenry County Mental Health Board, Board members and Board employees as additional insureds on a primary, non-non- contributory basis unless otherwise agreed to in writing.” The declaration certificates shall specifically require the Insurance Company to notify the Mental Health Board in writing at least 30 days prior to non-renewal, reduction or cancellation of the policy. All insurance policies shall be written through a company or companies having an AM Best rating of “A” or above. No payment will be made to the provider until proper insurance certification has been received by the Mental Health Board. This Section 18 shall survive Deleted: a Agreement to the termination of contrary, if the Agreement.Mental

Liability Indemnification/Insurance. The Mental Health Board assumes no liability for actions of the Provider or the Provider’s employees under this Agreementcontract. The Provider shall indemnify, defend and hold harmless the Mental Health Board, and its respective agents, employees, officers, directors, members, successors and assigns (collectively, the “Indemnitees”) from, against in and in respect of any damages, claims, allegations, losses, charges, actions, law suits, proceedings, judgments, interest, penalties amounts paid in settlement, costs, and expenses (including reasonable and verifiable attorneys’ fees) (collectively, “Losses”) which are imposed on, sustained, paid by, incurred or suffered by or asserted against any of the Indemnitees directly or indirectly related to, arising out of, or resulting from third party claims relating to (i) the acts, omissions or breach of the Provider, its agents or representatives in connection with the performance of its obligations under this AgreementContract, (ii) any allegations by any federal, state or local government authority that the Provider has in any way misused, misspent, improperly accounted for, or improperly disbursed any funds, including but not limited to any allegations that the Provider has violated any Medicare or Medicaid regulation, Deleted: 2 statute or ruling, or from any other violation of State or Federal laws and regulations the Provider has certified as being in compliance. During the term of this Agreement Contract the Provider shall maintain in force policies of insurance including general liability, automobile and professional negligence covering its employees and contractors assigned to provide Services services hereunder. Policy limits are subject to review and reasonable approval by the Mental Health Board. In addition and unless otherwise agreed in writing, the Mental Health Board and its members and employees shall be named as additional insured on Provider’s policies on a primary, non- contributory basis. Upon execution of this AgreementContract, and on specific request thereafter, the Provider shall supply to the Mental Health Board a current certificate(s) of insuranceinsurance reflecting the required insurance policies, which must be submitted on an ACORD25 form and signed by the insurance broker/agent, reflecting the required insurance policies. The certificate(s) of insurance must reflect the policies’ declarations, including the following specific languagelanguage must be included on each Certificate of Insurance: “The [general] [automobile] [professional negligence] general and automobile liability policies shall include the McHenry County Mental Health Board, Board members and Board employees as additional insureds on a primary, non-contributory basis unless otherwise agreed to in writing.” The declaration certificates shall specifically require the Insurance Company to notify the Mental Health Board in writing at least 30 days prior to non-renewal, reduction or cancellation of the policy. All insurance policies shall be written through a company or companies having an AM Best rating of “A” or above. No payment will be made to the provider until proper insurance certification has been received by the Mental Health Board. This Section 18 shall survive the termination of the Agreement.