Media Liability. Media Liability, including but not limited to copyright / trademark infringements, Technology Errors & Omissions and Network Security, with limits of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate. Such insurance shall include Producer and Producer Indemnitees (as defined below) as additional insureds, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to the terms of this Agreement. If this policy is written on a “claims made” basis, the policy will be in full force and effect throughout the term of the Agreement and three (3) years after the expiration of the Agreement. Company shall provide Producer with certificates of insurance and applicable policy endorsements evidencing the coverages described above at the time this Agreement is executed and prior to commencing work pursuant to this Agreement, or within a reasonable time thereafter, and within a reasonable time after such coverage is renewed or replaced. Any acceptance of insurance certificates and/or policy endorsements by Producer shall not limit or relieve Company of the duties and responsibilities with respect to maintaining insurance assumed by Company under this Agreement. The Company is responsible for any and all deductibles/self insured retentions under Company’s insurance program. Company’s insurance shall include a provision for thirty (30) days prior written notice in the event of cancellation of coverage. All liability insurance maintained by Company shall also contain (a) Severability of Interest Clause and (b) a primary and non-contributing endorsement stating that Company’s insurance is primary to and non-contributory with any and all insurance maintained or otherwise afforded to Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated entities, and their officers, directors, employees, agents, representatives and assigns (collectively, the “Producer Indemnitees”), but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to this Agreement. Except where prohibited by law, the liability insurance Company is required to maintain pursuant to this Agreement shall provide that the insurer waives all rights of recovery or subrogation against Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated entities, and their officers, directors, employees, agents, representatives and assigns, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to the terms of this Agreement.
Appears in 3 contracts
Samples: Visual Effects Agreement, Visual Effects Agreement, Visual Effects Agreement
Media Liability. Media Liability, including but not limited to copyright / trademark infringements, Technology Errors & Omissions and Network Security, with limits of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate. Such insurance shall include Producer and the Producer Indemnitees (as defined below) as additional insureds, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to the terms of this Agreement. If this policy is written on a “claims made” basis, the policy will be in full force and effect throughout the term of the Agreement and three (3) years after the expiration of the Agreement. Company shall provide Producer with certificates of insurance and applicable policy endorsements evidencing the coverages described above at the time this Agreement is executed and prior to commencing work pursuant to this Agreement, or within a reasonable time thereafter, and within a reasonable time after such coverage is renewed or replaced. Any acceptance of insurance certificates and/or policy endorsements by Producer shall not limit or relieve Company of the duties and responsibilities with respect to maintaining insurance assumed by Company under this Agreement. The Company is responsible for any and all deductibles/self insured retentions under Company’s insurance program. Company’s insurance shall include a provision for thirty (30) days prior written notice in the event of cancellation of coverage. All liability insurance maintained by Company shall also contain (a) Severability of Interest Clause and (b) a primary and non-contributing endorsement stating provide that Company’s insurance it is primary to and non-non- contributory with any and all insurance maintained or otherwise afforded to Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated entities, and their officers, directors, employees, agents, representatives and assigns (collectively, the “Producer Indemnitees”), but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to this Agreement. Except where prohibited by law, the liability insurance Company is required to maintain pursuant to this Agreement shall provide that the insurer waives all rights of recovery or subrogation against Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated entities, and their officers, directors, employees, agents, representatives and assigns, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to the terms of this Agreement.
Appears in 2 contracts
Media Liability. Media Liability, including but not limited to copyright / trademark infringements, Technology Errors & Omissions and Network Security, with limits of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate. Such insurance shall include Producer and the Producer Indemnitees (as defined below) as additional insureds, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to the terms of this Agreement. If this policy is written on a “claims made” basis, the policy will be in full force and effect throughout the term of the Agreement and three (3) years after the expiration of the Agreement. Company shall provide Producer with certificates of insurance and applicable policy endorsements evidencing the coverages described above at the time this Agreement is executed and prior to commencing work pursuant to this Agreement, or within a reasonable time thereafter, and within a reasonable time after such coverage is renewed or replaced. Any acceptance of insurance certificates and/or policy endorsements by Producer shall not limit or relieve Company of the duties and responsibilities with respect to maintaining insurance assumed by Company under this Agreement. The Company is responsible for any and all deductibles/self insured retentions under Company’s insurance program. Company’s insurance shall include a provision for thirty (30) days prior written notice in the event of cancellation of coverage. All liability insurance maintained by Company shall also contain (a) Severability of Interest Clause and (b) a primary and non-contributing endorsement stating provide that Company’s insurance it is primary to and non-contributory with any and all insurance maintained or otherwise afforded to Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated entities, and their officers, directors, employees, agents, representatives and assigns (collectively, the “Producer Indemnitees”), but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to this Agreement. Except where prohibited by law, the liability insurance Company is required to maintain pursuant to this Agreement shall provide that the insurer waives all rights of recovery or subrogation against Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated entities, and their officers, directors, employees, agents, representatives and assigns, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to the terms of this Agreement.
Appears in 1 contract
Samples: Visual Effects Agreement
Media Liability. Media Liability, including but not limited to copyright / trademark infringements, Technology Errors & Omissions and Network Security, with limits of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate. Such insurance shall include Producer and the Producer Indemnitees Xxxxxxxxxxx (as defined below) as additional insureds, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to the terms of this Agreement. If this policy is written on a “claims made” basis, the policy will be in full force and effect throughout the term of the Agreement and three (3) years after the expiration of the Agreement. Company shall provide Producer with certificates of insurance and applicable policy endorsements evidencing the coverages described above at the time this Agreement is executed and prior to commencing work pursuant to this Agreement, or within a reasonable time thereafter, and within a reasonable time after such coverage is renewed or replaced. Any acceptance of insurance certificates and/or policy endorsements by Producer shall not limit or relieve Company of the duties and responsibilities with respect to maintaining insurance assumed by Company under this Agreement. The Company is responsible for any and all deductibles/self insured retentions under Company’s insurance program. Company’s insurance shall include a provision for thirty (30) days prior written notice in the event of cancellation of coverage. All liability insurance maintained by Company shall also contain (a) Severability of Interest Clause and (b) a primary and non-contributing endorsement stating provide that Company’s insurance it is primary to and non-contributory with any and all insurance maintained or otherwise afforded to Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated entities, and their officers, directors, employees, agents, representatives and assigns (collectively, the “Producer Indemnitees”), but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to this Agreement. Except where prohibited by law, the liability insurance Company is required to maintain pursuant to this Agreement shall provide that the insurer waives all rights of recovery or subrogation against Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated entities, and their officers, directors, employees, agents, representatives and assigns, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to the terms of this Agreement. INSURANCE. [Note: we have not always included this provision; should consult with Risk Management] Company shall secure and maintain at all times during the term of this Agreement those insurance policies designated below, and any other such insurance as required by law.
(a) Compulsory Workers Compensation and Employers Liability provided by
(b) Compulsory Contributions to Social Security System
(c) Personal travel/accident policy should local crew by required to travel
(d) Compulsory Auto Third Party Liability
(e) General Liability on an occurrence, not “claims-made,” basis, covering all operations by or on behalf of Company arising out of or connected with this Agreement, at reasonable and customary limits for a company of this size providing insurance for bodily injury, property damage, personal injury and contractual liability. Company shall provide Producer with certificates of insurance evidencing the coverages described above at the time this Agreement is executed, or within a reasonable time thereafter, and within a reasonable time after such coverage is renewed or replaced. Any acceptance of insurance certificates by Producer shall not limit or relieve Company of the duties and responsibilities with respect to maintaining insurance assumed by Company under this Agreement. All such policies shall provide that Producer, its parent(s), subsidiaries, licensees, successors, related and affiliated companies and their offices, directors, employees, agents, representatives and assigns are included as additional insureds, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to this Agreement. All insurance maintained by Company shall provide that it is primary to and non-contributory with any and all insurance maintained or otherwise afforded to Producer, its parents, and their respective subsidiaries and affiliates, and their respective offices, directors shareholders, employees, agents, licensees, successors and assigns, but only to the extent of liabilities falling within Company’s indemnity obligations pursuant to this Agreement. Except where prohibited by law, the liability insurance shall provide that the insurer waives all rights of recovery of subrogation against Producer, its parent(s), subsidiaries, licensees, successors, affiliates and their offices, directors, employees, agents, representatives and assigns.
Appears in 1 contract
Samples: Vendor Agreement