Common use of Proof of Carriage of Insurance Clause in Contracts

Proof of Carriage of Insurance. Contractor shall not commence work nor shall it allow any Subcontractor to commence work under this Facilities Lease until all required insurance certificates and endorsements have been obtained and delivered in duplicate to and approved by District, subject to the requirements contained in this Section. Certificates and insurance policies shall include the following: (a) A clause stating: (b) Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period. (c) Statement that District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect’s consultants individually and collectively, as additional insureds under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by District. (d) In the event of the failure of any by Contractor to furnish and maintain any insurance required by this Facilities Lease, Contractor shall be in default under this Facilities Lease. Compliance by Contractor with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect's consultants, individually and collectively, as additional insureds. (e) Contractor and its Subcontractors shall produce a certified copy of any insurance policy required under this Facilities Lease upon written request of District. (f) In case of Contractor's failure to provide insurance as required by this Facilities Lease, District may, at District's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor, or Subcontractor, as District may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which are due or to become due to Contractor under this Facilities Lease.

Proof of Carriage of Insurance. 34.1 Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the District Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VIII. Insurance deductibles or self- insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the District. At the election of the District, the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 34.2 Contractor shall cause its insurance carrier(s) to furnish the District with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the District Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. The District, its directors and officers, employees, agents or representatives shall be named as additional insureds and a waiver of subrogation shall be provided in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days’ written notice be given to the District prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the District may terminate or stop the Work pursuant to the Contract Documents, unless the District receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing the coverage set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project Site, or commence work nor shall it allow any Subcontractor to commence work operations under this Facilities Lease Contract until the District has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance, including all endorsements and any and all other attachments as required insurance certificates and endorsements have been obtained and delivered in duplicate to and approved by District, subject to the requirements contained in this Section. Certificates The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. 34.3 It is understood and agreed to by the Parties hereto and the insurance company(ies), that the Certificate(s) of Insurance and policies shall include the following: (a) A clause stating: (b) Language stating in particular those insured, extent of insurance, location so covenant and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will shall be sentconstrued as primary, and length of notice period. (c) Statement that the District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect’s consultants individually and collectively, as additional insureds under the policy described and that such insurance policy shall be primary to any insurance and/or deductibles and/or self-insured retentions or self-insurance maintained by Districtinsured programs shall not be construed as contributory. (d) In 34.4 The District reserves the event right to adjust the monetary limits of the failure of any by Contractor to furnish and maintain any insurance required by this Facilities Lease, coverage 34.5 Contractor shall be in default pass down the insurance obligations contained herein to all tiers of Subcontractors working under this Facilities Lease. Compliance by Contractor with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect's consultants, individually and collectively, as additional insuredsContract. (e) Contractor and its Subcontractors shall produce a certified copy of any insurance policy required under this Facilities Lease upon written request of District. (f) In case of Contractor's failure to provide insurance as required by this Facilities Lease, District may, at District's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor, or Subcontractor, as District may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which are due or to become due to Contractor under this Facilities Lease.

Proof of Carriage of Insurance. Contractor shall not commence work nor shall it allow any Subcontractor to commence work under this Facilities Lease until all required insurance certificates and endorsements have been obtained and delivered in duplicate to and approved by District, subject to the requirements contained in this SectionArticle. Certificates and insurance policies shall include the following: (a) A clause stating: (b) Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period. (c) Statement that District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect’s consultants 's consultants, individually and collectively, as additional insureds under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by District. (d) In the event of the failure of any by Contractor to furnish and maintain any insurance required by this Facilities Lease, Contractor shall be in default under this Facilities Lease. Compliance by Contractor with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect's consultants, individually and collectively, as additional insureds. (e) Contractor and its Subcontractors shall produce a certified copy of any insurance policy required under this Facilities Lease upon written request of District. (f) In case of Contractor's failure to provide insurance as required by this Facilities Lease, District may, at District's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor, or Subcontractor, as District may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which are due or to become due to Contractor under this Facilities Lease.

Proof of Carriage of Insurance. Contractor Developer shall not commence work nor shall it allow performing any Subcontractor to commence work under this Facilities Lease portion of the Services until all required insurance certificates and endorsements have has been obtained and certificates indicating the required coverage have been delivered in duplicate to District and approved by District, subject to the requirements contained in this Section. Certificates and insurance policies shall include the following: (a) : ⦁ A clause stating: : “This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been mailed to District, stating date of cancellation or reduction. Date of cancellation or reduction shall not be less than thirty (b30) days after date of mailing notice.” ⦁ Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period. (c) Statement . ⦁ An endorsement stating that DistrictDistrict and its Board of Trustees, its agents, representatives, employees, trustees, officers, agentsconsultants, employees and volunteers, the Architect volunteers are named additional insured under all policies except Workers’ Compensation Insurance and the ArchitectEmployers’ Liability Insurance. An endorsement shall also state that Developer’s consultants individually and collectively, as additional insureds under the policy described and that such insurance policy policies shall be primary to any insurance or self-insurance maintained by District. (d) In . An endorsement shall also state that there shall be a waiver of any subrogation. ⦁ All policies except the event Workers’ Compensation Insurance and Employer’s Liability Insurance Policies shall be written on an occurrence form. ⦁ Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to District. ⦁ Compliance with Laws. Developer shall observe and comply with all rules and regulations of the failure governing board of District and all federal, state, and local laws, ordinances and regulations. Developer shall give all notices required by any by Contractor to furnish law, ordinance, rule and maintain regulation bearing on conduct of the Services as indicated or specified. If Developer observes that any insurance of the Services required by this Facilities LeaseContract is at variance with any such laws, Contractor ordinance, rules or regulations, Developer shall notify District, in writing, and, at the sole option of District, any necessary changes to the scope of the Services shall be made and this Agreement shall be appropriately amended in default under writing, or this Facilities LeaseAgreement shall be terminated effective upon Developer’s receipt of a written termination notice from District. Compliance by Contractor with the requirement to carry insurance and furnish certificates If Developer performs any Services that is in violation of any laws, ordinances, rules or policies evidencing the same shall not relieve Contractor from liability assumed under any provision regulations, without first notifying District of the Contract Documentsviolation, Developer shall bear all costs arising therefrom. ⦁ Labor Code Requirements: Developer shall comply with all applicable provisions of the California Labor Code, Division 3, Part 7, Chapter 1, Articles 1 – 5, including, without limitation, the obligation to defend and indemnify District, its trustees, officers, agents, employees and volunteers, payment of the Architect and general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the Architect's consultants, individually and collectively, as additional insureds. (e) Contractor and its Subcontractors shall produce a certified copy prevailing rate of any insurance policy required under this Facilities Lease upon written request of per diem wages are on file with District. (f) In case of Contractor's failure to provide insurance as required by this Facilities Lease, District may, at District's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor, or Subcontractor, as District may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which are due or to become due to Contractor under this Facilities Lease.

Proof of Carriage of Insurance. Contractor a. Construction Manager shall, as soon as practicable following the placement of insurance required hereunder, but in no event later than the effective date of the Agreement, deliver to District certificates of insurance evidencing the same, together with appropriate separate endorsements thereto, evidencing that Construction Manager has obtained such coverage for the period of the Agreement. Construction Manager shall not commence work nor shall it allow any Subcontractor to commence work under this Facilities Lease until all required deliver certified copies of the actual insurance policies specified herein, within thirty days after commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate endorsements have been obtained and thereof, shall be delivered in duplicate to and approved by District, subject District within thirty (30) days prior to the requirements contained in this Sectionexpiration of the term of any policy required herein. Construction Manager shall permit District at all reasonable times to inspect any policies of insurance of Construction Manager which Construction Manager has not delivered to District. b. Certificates and insurance policies shall include the following:following clause: "This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been mailed to District stating date of cancellation, reduction or other adverse change respecting such insurance. The date of cancellation, reduction or adverse change may not be less than thirty (30) days after date of mailing notice." Any notice required to be sent pursuant to this section shall be to District's address as shown in this Agreement. (a) A clause stating: (b) Language stating c. Certificates of insurance shall state in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom and cancellation and reduction notice will be sent, and length notice. All Certificates of notice period. (c) Statement that Insurance provided by Construction Manager shall name District, its trustees, officers, agents, employees and volunteersemployees, Board Members, the Architect Architect, and the Architect’s consultants individually and collectively, as additional insureds under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by District. (d) In the event of the failure of any by Contractor to furnish and maintain any insurance required by this Facilities Lease, Contractor shall be in default under this Facilities Lease. Compliance by Contractor with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect's consultants, individually and collectively, consultants as additional insureds. d. After receiving written Notice of Cancellation of Insurance, Construction Manager shall have ten (e10) Contractor days to provide other policies of insurance similar to the canceled policies and its Subcontractors acceptable insurance. If such replacement coverage is not provided, the District may secure insurance at Construction Manager's expense. e. Nothing contained in the insurance requirements shall produce a certified copy be construed as limiting the extent of any insurance policy required the Construction Manager's responsibility for payment of damages resulting from operations under this Facilities Lease upon written request of Districtagreement. (f) In case of Contractor's failure to provide insurance as required by this Facilities Lease, District may, at District's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor, or Subcontractor, as District may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which are due or to become due to Contractor under this Facilities Lease.

Proof of Carriage of Insurance. Contractor shall not commence work nor shall it allow any Subcontractor subcontractor to commence work under this Facilities Lease until all required insurance certificates and endorsements have been obtained and delivered in duplicate to and approved by District, subject to the requirements contained in this SectionArticle. Certificates and insurance policies shall include the following: (a) A clause stating: (b) Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period. (c) Statement that District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect’s consultants consultants, individually and collectively, as additional insureds under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by District. (d) In the event of the failure of any by Contractor contractor or subcontractor to furnish and maintain any insurance required by this Facilities Lease, Contractor shall be in default under this Facilities Lease. Compliance by Contractor with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify District, its trustees, officers, agents, employees and volunteers, the Architect and the Architect's ’s consultants, individually and collectively, as additional insureds. (e) Contractor and its Subcontractors subcontractors shall produce a certified copy of any insurance policy required under this Facilities Lease upon written request of District. (f) In case of Contractor's ’s failure to provide insurance as required by this Facilities Lease, District may, at District's ’s option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor, or Subcontractorsubcontractor, as District may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which are due or to become due to Contractor under this Facilities Lease.