POLICY STANDARDS. All policies of insurance required to be maintained under this Article X shall: (i) be written as primary policy coverage or umbrella coverage and not contributory with any other applicable insurance; (ii) be with carriers licensed to do business in the state where the Facility is located, with an A.M. Best rating of not less than A-VIII; and (iii) contain a clause that neither the insured nor the insurance carrier may cancel nor change to the other party’s material detriment the insurance coverage required herein without first giving the other party at least thirty (30) days’ prior written notice thereof. LESSOR and LESSEE shall deliver to each other certificates of insurance evidencing the maintenance of the insurance required herein within ten (10) days prior to the Effective Date and at such future times as requested by the other party in writing. If occurrence coverages are not available on commercially reasonable terms then the applicable policy may be on a claims made form with appropriate endorsements for “tail” coverages all to be reasonably satisfactory to the other party. The parties hereto shall each procure an appropriate clause in, or endorsement on, any property insurance policy on the Leased Premises or any personal property, fixtures or equipment located thereon or therein, pursuant to which the insurer waives subrogation or consents to a waiver of right of recovery in favor of either party, its respective agents or employees. Each party hereby agrees that it will not make any claim against or seek to recover from the other or its agents or employees for any loss or damage to its property or the property of others resulting from fire or other perils covered by such property insurance regardless of the cause or origin of such loss or damage, including, but not limited to, the negligence of such other party or its agents or employees.
POLICY STANDARDS. Prior to disclosing any Protected Health Information (PHI) to a Business Associate, EMU will obtain satisfactory assurances from a Business Associate that the Business Associate will appropriately safeguard the PHI it receives or creates on behalf of EMU. EMU will document these satisfactory assurances in writing in the form of a Business Associate Agreement (BAA) with the Business Associate in compliance with the HIPAA regulations.
POLICY STANDARDS. Employees are prohibited from using, being impaired by, under the influence or, being in possession of, manufacturing, dispensing or distributing any controlled substance while on duty or on Town property except as permitted by Section 4 below. No employee shall perform safety-sensitive functions within four (4) hours after using alcohol. The Town shall not permit an employee to perform or continue to perform safety-sensitive functions, while having actual knowledge that an employee has used alcohol within four (4) hours. The illicit use of controlled substances is prohibited at any time. Any employee who tests positive as indicated by the test and confirmed by the Medical Review Officer will be subject to disciplinary action in accordance with the Policy. Upon testing positive, the employee has the right to have the “split” specimen analyzed at a different S.A.M.S.H.A. certified laboratory. If requested, this test will be performed and, if the “split” test is positive, will be paid for by the employee. Negative “split” tests will be paid for by the Town. In the event an employee cannot “void” (shy bladder) after consuming 24 fluid ounces over a 2-hour period, the employee will be evaluated by a medical doctor to determine if this is a physical problem. If not, the test will be classified as a “refusal” i.e. dealt with as a positive. Any rehabilitation services resulting from a positive drug or alcohol test not covered by insurance shall be the responsibility of the employee.
POLICY STANDARDS. All policies of insurance to be provided hereunder shall be written by companies of nationally recognized financial standing and which are legally qualified to issue such insurance and have a Best Services rating of at least A. Each policy of insurance held by Landlord and Tenant shall contain reasonable deductibles and shall (i) name the other as an additional insured; (ii) be non-contributing with, and shall apply only as primary and not excess to, any other insurance available to the insureds; and (iii) provide that it shall not be cancelled or amended or its coverage reduced except upon thirty (30) days' prior written notice by certified or registered mail to each of the insureds. Landlord and Tenant shall not obtain or carry separate insurance concurrent in form or contributing, in the event of loss, with that required by this Section unless the other is an additional insured therein. Landlord or Tenant, as applicable, shall immediately notify the other whenever any such separate insurance is obtained and shall deliver to the other certificates evidencing the same. Any insurance required hereunder may be provided under blanket policies provided that the coverage afforded shall not be reduced or diminished by reason of the use of a blanket policy.
