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Common use of Liability Management Clause in Contracts

Liability Management. To further manage the XXX Board’s exposure in the event of misused WIOA grant funds allocated to the WDA, the XXX Board shall adhere, and, where applicable, shall require the WDB and/or any of its providers to adhere, to the following guidelines: 1. That WIOA programs, services, and activities in the WDA be administered prudently to minimize liability, including, but not limited to, the requirement that all contractors who provide services purchased with WIOA grant funds be required to maintain general liability, workers compensation, and automobile (if automobiles are used in providing services) insurance policies in an amount of at least $1,000,000. Said contractors may also be required to provide fidelity insurance and/or bonding in such amounts deemed necessary by the XXX Board to protect the XXX Board, the Consortium and the Counties. Contracts for service delivery shall require indemnification by the contractor in the event that contractor errors or omissions result in disallowed costs or other liability; 2. That the Sub-Recipient be required to maintain errors and omissions insurance, fidelity insurance/bonding, general liability insurance, workers compensation insurance and automobile insurance to the extent deemed necessary by the XXX Board and in amounts to be determined by the XXX Board. Such insurance shall name the XXX Board, the Consortium and each County as additional insureds; 3. That the WDB and/or the Sub-Recipient be required to indemnify, defend and hold harmless the XXX Board, the Consortium and each County, as well as their agents, officers, elected officials, representatives, employees, successors and assigns, from and against any claim, demand, suit, payment, damages, loss, cost and expense, including actual attorney’s fees, by reason of any alleged or actual liability for injury or damages caused by, relating to or arising in any way, in whole or in part, from: a. The wrongful, intentional, or negligent acts or omissions of the WDB, the Sub- Recipient and/or their employees, agents, representatives and subcontractors; or b. The breach by the WDB, the Sub-Recipient and/or their agents, officers, elected officials, representatives, employees, successors and assigns, of this XXX Agreement, the Bylaws and/or Joint Agreement, as well as any other agreements/governing procedures enacted in accordance with WIOA and as amended from time to time; 4. That the XXX Board may further direct the purchase of additional fidelity/bonding, errors and omissions insurance and other insurance to cover the individual XXX Board members, the Consortium and each County to the extent deemed necessary by the XXX Board; and 5. That to the extent permitted by law, WDB corporate funds and assets shall be used first to pay any uncovered loss resulting from the activities of the Consortium, the XXX Board, the WDB and/or the Sub-Recipient.

Appears in 2 contracts

Samples: Chief Elected Officials Consortium Agreement, Chief Elected Officials Consortium Agreement

Liability Management. To further manage the XXX Board’s exposure in the event of misused WIOA WIA grant funds allocated to the Bay WDA, said the XXX Board shall adhere, and, where applicable, shall require the WDB BAWDB and/or any of its providers to adhere, to the following guidelines: 1. That WIOA the WIA programs, services, services and activities in the Bay WDA be administered prudently to minimize liability, including, but not limited to, the requirement that all contractors who provide services purchased with WIOA WIA grant funds be required to maintain general liability, workers compensation, and automobile (if automobiles are used in providing services) insurance policies in an amount of at least $1,000,000. Said contractors may also be required to provide fidelity insurance and/or bonding in such amounts deemed necessary by the XXX Board to protect the XXX Board, the Consortium and the Counties. Contracts for service delivery shall require indemnification by the contractor in the event that contractor errors or omissions result in disallowed costs or other liability; 2. That the Sub-Recipient be required to maintain errors and omissions insurance, fidelity insurance/bonding, general liability insurance, workers compensation insurance and automobile insurance to the extent deemed necessary by the XXX Board and in amounts to be determined by the XXX Board. Such insurance shall name the XXX Board, the Consortium and each County as additional insureds; 3. That the WDB BAWDB and/or the Sub-Recipient be required to indemnify, defend and hold harmless the XXX Board, the Consortium and each County, as well as their agents, officers, elected officials, representatives, employees, successors and assigns, from and against any claim, demand, suit, payment, damages, loss, cost and expense, including actual attorney’s fees, by reason of any alleged or actual liability for injury or damages caused by, relating to or arising in any way, in whole or in part, from: a. The : (1) the wrongful, intentional, or negligent acts or omissions of the WDBBAWDB, the Sub- Sub-Recipient and/or their employees, agents, representatives and subcontractors; or b. The or (2) the breach by the WDBBAWDB, the Sub-Recipient and/or their agents, officers, elected officials, representatives, employees, successors and assigns, of this XXX Agreement, the Bylaws By- Laws and/or Joint Agreement, as well as any other agreements/governing procedures enacted in accordance with WIOA the WIA and as amended from time to time; 4. That the XXX Board may further direct the purchase of additional fidelity/bonding, errors and omissions insurance and other insurance to cover the individual XXX Board members, the Consortium and each County to the extent deemed necessary by the XXX Board; and 5. That That, to the extent permitted by law, WDB BAWDB corporate funds and assets shall be used first to pay any uncovered loss resulting from the activities of the Consortium, the XXX Board, the WDB BAWDB and/or the Sub-Recipient.

Appears in 2 contracts

Samples: Inter County Consortium Agreement, Inter County Consortium Agreement

Liability Management. To further manage the XXX Board’s exposure in the event of misused WIOA grant funds allocated to the WDA, the XXX Board shall adhere, and, where applicable, shall require the WDB and/or any of its providers to adhere, to the following guidelines: 1. That WIOA programs, services, and activities in the WDA be administered prudently to minimize liability, including, but not limited to, the requirement that all contractors who provide services purchased with WIOA grant funds be required to maintain general liability, workers compensation, and automobile (if automobiles are used in providing services) insurance policies in an amount of at least $1,000,000. Said contractors may also be required to provide fidelity insurance and/or bonding in such amounts deemed necessary by the XXX Board to protect the XXX Board, the Consortium Consortium, and the Counties. Contracts for service delivery shall require indemnification by the contractor in the event that if contractor errors or omissions result in disallowed costs or other liability;. 2. That the Sub-Recipient be required to maintain errors and omissions insurance, fidelity insurance/bonding, general liability insurance, workers compensation insurance and automobile insurance to the extent deemed necessary by the XXX Board and in amounts to be determined by the XXX Board. Such insurance shall name the XXX Board, the Consortium Consortium, and each County as additional insureds;. 3. That the WDB and/or the Sub-Recipient be required to indemnify, defend and hold harmless the XXX Board, the Consortium and each County, as well as their agents, officers, elected officials, representatives, employees, successors and assigns, from and against any claim, demand, suit, payment, damages, loss, cost and expense, including actual attorney’s fees, by reason of any alleged or actual liability for injury or damages caused by, relating to or arising in any way, in whole or in part, from: a. The wrongful, intentional, or negligent acts or omissions of the WDB, the Sub- Recipient and/or their employees, agents, representatives representatives, and subcontractors; or b. The breach by the WDB, the Sub-Recipient and/or their agents, officers, elected officials, representatives, employees, successors successors, and assigns, of this XXX Agreement, the Bylaws and/or Joint Agreement, as well as any other agreements/governing procedures enacted in accordance with WIOA and as amended from time to time;. 4. That the XXX Board may further direct the purchase of additional fidelity/bonding, errors and omissions insurance and other insurance to cover the individual XXX Board members, the Consortium and each County to the extent deemed necessary by the XXX Board; and 5. That to the extent permitted by law, WDB corporate funds and assets shall be used first to pay any uncovered loss resulting from the activities of the Consortium, the XXX Board, the WDB and/or the Sub-Recipient.

Appears in 1 contract

Samples: Chief Elected Officials Consortium Agreement

Liability Management. To further manage the XXX Board’s exposure in the event of misused WIOA grant funds allocated to the WDA, the XXX Board shall adhere, and, where applicable, shall require the WDB and/or any of its providers to adhere, to the following guidelines: 1. That WIOA programs, services, and activities in the WDA be administered prudently to minimize liability, including, but not limited to, the requirement that all contractors who provide services purchased with WIOA grant funds be required to maintain general liability, workers workers’ compensation, and automobile (if automobiles are used in providing services) insurance policies in an amount of at least $1,000,000. Said contractors may also be required to provide fidelity insurance and/or bonding in such amounts deemed necessary by the XXX Board to protect the XXX Board, the Consortium Consortium, and the Counties. Contracts for service delivery shall require indemnification by the contractor in the event that if contractor errors or omissions result in disallowed costs or other liability;. 2. That the Sub-Recipient be required to maintain errors and omissions insurance, fidelity insurance/bonding, general liability insurance, workers compensation insurance insurance, and automobile insurance to the extent deemed necessary by the XXX Board and in amounts to be determined by the XXX Board. Such insurance shall name the XXX Board, the Consortium Consortium, and each County as additional insureds;. 3. That the WDB and/or the Sub-Recipient be required to indemnify, defend and hold harmless the XXX Board, the Consortium Consortium, and each County, as well as their agents, officers, elected officials, representatives, employees, successors and assigns, from and against any claim, demand, suit, payment, damages, loss, cost cost, and expense, including actual attorney’s fees, by reason because of any alleged or actual liability for injury or damages caused by, relating to or arising in any way, in whole or in part, from: a. The wrongful, intentional, or negligent acts or omissions of the WDB, the Sub- Recipient Recipient, and/or their employees, agents, representatives representatives, and subcontractors; or b. The breach by the WDB, the Sub-Recipient and/or their agents, officers, elected officials, representatives, employees, successors successors, and assigns, of this XXX Agreement, the Bylaws and/or Joint Agreement, as well as any other agreements/governing procedures enacted in accordance with WIOA and as amended from time to time;. 4. That the XXX Board may further direct the purchase of additional fidelity/bonding, errors and omissions insurance insurance, and other insurance to cover the individual XXX Board members, the Consortium Consortium, and each County to the extent deemed necessary by the XXX Board; and 5. That to the extent permitted by law, WDB corporate funds and assets shall be used first to pay any uncovered loss resulting from the activities of the Consortium, the XXX Board, the WDB WDB, and/or the Sub-Recipient.

Appears in 1 contract

Samples: Chief Elected Officials Consortium Agreement