Common use of Risk of Loss and Insurance Clause in Contracts

Risk of Loss and Insurance. The Purchasing Entity shall not be liable to Contractor for any risk of Deliverable loss or damage while Deliverables are in transit, or while in the Purchasing Entity’s possession, except when such loss or damage is due directly to the Purchasing Entity’s negligence or intentional misconduct. Nothing in this Section is intended nor shall it be construed, in any manner, as waiving or compromising the sovereign immunity of the Purchasing Entity. The insurance required by this Section shall be written on an occurrence basis as opposed to a “claims made” basis and shall be on such forms, and contain such endorsements and terms, as shall be acceptable to the Lead State. Before commencing Performance, the Contractor shall obtain and maintain at its own cost and expense for the Term of this Master Agreement, the insurance described below. Contractor shall assume any and all deductibles in the described insurance policies. The Contractor’s insurers shall have no right of recovery or subrogation against the State and the described Contractor’s insurance shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall not affect coverage provided to the State. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best’s Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within twenty (20) Business Days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. Contractor shall provide to Participating Entities the same insurance obligations and documentation as those specified in this section, except the endorsement is provided to the applicable Participating Entity. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum. Insurance coverage and limits will not limit Contractor’s liability and obligations under this Master Agreement.

Risk of Loss and Insurance. The Purchasing Entity State shall not be liable to Contractor for any risk of Deliverable loss or damage while Deliverables are in transit, or while in the Purchasing EntityClient Agency’s possession, except when such loss or damage is due directly to the Purchasing EntityClient Agency’s negligence or intentional misconduct. Nothing in this Section is intended nor shall it be construed, in any manner, as waiving or compromising the sovereign immunity of the Purchasing EntityState. The insurance required by this Section shall be written on an occurrence basis as opposed to a “claims made” basis and shall be on such forms, and contain such endorsements and terms, as shall be acceptable to the Lead StateDAS. Before commencing Performance, the Contractor shall obtain and maintain at its own cost and expense for the Term of this Master AgreementContract, the insurance described below. Contractor shall assume any and all deductibles in the described insurance policies. The Contractor’s insurers shall have no right of recovery or subrogation against the State and the described Contractor’s insurance shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall not affect coverage provided to the State. Select the insurance clause(s) options for insurance coverages. Dollar limits are recommended minimum coverages and may be negotiated/adjusted based upon the scope of the transaction. Potential level of risk should be considered. Options “a” through “d” are required for G/S & IT transactions. Any additional insurance option(s) chosen should be lettered accordingly. Commercial General Liability Throughout the Term and during the time that any provisions survive the Term, Contractor shall acquire such insurance from an insurance carrier maintain, at Contractor’s sole cost and expense, a policy or carriers licensed to conduct business in each Participating Entity’s state and having a rating policies of A-commercial general liability insurance, Class VII or betterincluding contractual liability coverage, in the most recently published edition an amount not less than $1,000,000 for all damages arising out of A.M. Best’s Insurance Reportsbodily injuries to, or death of, all persons and injuries to or destruction of property, in any one accident or occurrence, and, subject to that limit per accident, a total (or aggregate) limit of $2,000,000 per occurrence for all damages arising out of bodily injuries to, or death of, all persons and injuries to or destruction of property per policy period. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. The Contractor shall pay premiums cause the State and its officers, agents, and employees to be named as an additional insured on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the additional insured endorsement to the policy to DAS all insurance policiesin an electronic format acceptable to DAS prior to the Effective Date evidencing such coverage. The Contractor shall not begin Performance until the delivery of these 3 documents to DAS. Contractor shall provide notice to a Participating Entity who is a state within twenty (20) Business Days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. Contractor shall provide to Participating Entities the same insurance obligations and documentation as those specified in this section, except the endorsement is provided to the applicable Participating Entity. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable Participating Entity. Failure to provide evidence of coverage may, at the sole option an annual electronic update of the Lead State3 documents to DAS on or before each anniversary of the Effective Date during the Term. The State shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines that the State is contributorily negligent. Automobile Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage extends to owned, or any Participating Entityhired and non-owned automobiles. If the Contractor does not own an automobile, result but one is used in the execution of this Master Agreement’s termination or Contract, then only hired and non-owned coverage is required. If a vehicle is not used in the termination execution of any Participating Addendum. Insurance this Contract, then automobile coverage and limits will is not limit Contractor’s liability and obligations under this Master Agreementrequired.

Risk of Loss and Insurance. The Purchasing Entity shall not be liable to Contractor for any risk of Deliverable loss or damage while Deliverables are in transit, or while in the Purchasing Entity’s possession, except when such loss or damage is due directly to the Purchasing Entity’s negligence or intentional misconduct. Nothing in this Section is intended nor shall it be construed, in any manner, as waiving or compromising the sovereign immunity of the Purchasing Entity. The insurance required by this Section shall be written on an occurrence basis as opposed to a “claims made” basis and shall be on such forms, and contain such endorsements and terms, as shall be acceptable to the Lead State. Before commencing Performance, the Contractor shall obtain and maintain at its own cost and expense for the Term of this Master Agreement, the insurance described below. Contractor shall assume any and all deductibles in the described insurance policies. The Contractor’s insurers shall have no right of recovery or subrogation against the State and the described Contractor’s insurance shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall not affect coverage provided to the State. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best’s Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within twenty (20) Business Days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. Contractor shall provide to Participating States and Participating Entities the same insurance obligations and documentation as those specified in this section, except the endorsement is provided to the applicable Participating State or Participating Entity. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum. Insurance coverage and limits will not limit Contractor’s liability and obligations under this Master Agreement.

Risk of Loss and Insurance. The Purchasing Entity State shall not be liable to Contractor for any risk of Deliverable loss or damage while Deliverables are in transit, or while in the Purchasing EntityClient Agency’s possession, except when such loss or damage is due directly to the Purchasing EntityClient Agency’s negligence or intentional misconduct. Nothing in this Section is intended nor shall it be construed, in any manner, as waiving or compromising the sovereign immunity of the Purchasing EntityState. The insurance required by this Section shall be written on an occurrence basis as opposed to a “claims made” basis and shall be on such forms, and contain such endorsements and terms, as shall be acceptable to the Lead StateDAS. Before commencing Performance, the Contractor shall obtain and maintain at its own cost and expense for the Term of this Master AgreementContract, the insurance described below. Contractor shall assume any and all deductibles in the described insurance policies. The Contractor’s insurers shall have no right of recovery or subrogation against the State and the described Contractor’s insurance shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall not affect coverage provided to the State. Commercial General Liability Throughout the Term and during the time that any provisions survive the Term, Contractor shall acquire such insurance from an insurance carrier maintain, at Contractor’s sole cost and expense, a policy or carriers licensed to conduct business in each Participating Entity’s state and having a rating policies of A-commercial general liability insurance, Class VII or betterincluding contractual liability coverage, in the most recently published edition an amount not less than $1,000,000 for all damages arising out of A.M. Best’s Insurance Reportsbodily injuries to, or death of, all persons and injuries to or destruction of property, in any one accident or occurrence, and, subject to that limit per accident, a total (or aggregate) limit of $2,000,000 per occurrence for all damages arising out of bodily injuries to, or death of, all persons and injuries to or destruction of property per policy period. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. The Contractor shall pay premiums cause the State and its officers, agents and employees to be named as an additional insured on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the additional insured endorsement to the policy to DAS all insurance policiesin an electronic format acceptable to DAS prior to the Effective Date evidencing such coverage. The Contractor shall not begin Performance until the delivery of these 3 documents to DAS. Contractor shall provide notice to a Participating Entity who is a state within twenty (20) Business Days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. Contractor shall provide to Participating Entities the same insurance obligations and documentation as those specified in this section, except the endorsement is provided to the applicable Participating Entity. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable Participating Entity. Failure to provide evidence of coverage may, at the sole option an annual electronic update of the Lead State3 documents to DAS on or before each anniversary of the Effective Date during the Term. The State shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines that the State is contributorily negligent. Automobile Liability $1,000,000 combined single limit per accident for bodily injury. Coverage extends to owned, or any Participating Entityhired and non-owned automobiles. If the Contractor does not own an automobile, result but one is used in the execution of this Master Agreement’s termination or Contract, then only hired and non-owned coverage is required. If a vehicle is not used in the termination execution of any Participating Addendum. Insurance this Contract, then automobile coverage and limits will is not limit Contractor’s liability and obligations under this Master Agreementrequired.

Risk of Loss and Insurance. The Purchasing Entity State shall not be liable to Contractor for any risk of Deliverable loss or damage while Deliverables are in transit, or while in the Purchasing EntityAgency’s possession, except when such loss or damage is due directly to the Purchasing EntityAgency’s negligence or intentional misconduct. Nothing in this Section is intended nor shall it be construed, in any manner, as waiving or compromising the sovereign immunity of the Purchasing EntityState. The insurance required by this Section shall be written on an occurrence basis as opposed to a “claims made” basis and shall be on such forms, and contain such endorsements and terms, as shall be acceptable to the Lead StateAgency. Before commencing Performance, the Contractor shall obtain and maintain at its own cost and expense for the Term of this Master AgreementContract, the insurance described below. Contractor shall assume any and all deductibles in the described insurance policies. The Contractor’s insurers shall have no right of recovery or subrogation against the State and the described Contractor’s insurance shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall not affect coverage provided to the State. INSURANCE PROVISIONS TO BE SELECTED BASED ON TRANSACTION NEED, CONTACT SIRMB WITH ANY QUESTIONS ON APPLICABILITY AND REQUIRED COVERAGE LEVELS—DELETE THIS TEXT AND INSURANCE TYPES THAT ARE NOT APPLICABLE BEFORE FINALIZING Commercial General Liability Throughout the Term and during the time that any provisions survive the Term, Contractor shall acquire such insurance from an insurance carrier maintain, at Contractor’s sole cost and expense, a policy or carriers licensed to conduct business in each Participating Entity’s state and having a rating policies of A-commercial general liability insurance, Class VII or betterincluding contractual liability coverage, in the most recently published edition an amount not less than $1,000,000 for all damages arising out of A.M. Best’s Insurance Reportsbodily injuries to, or death of, all persons and injuries to or destruction of property, in any one accident or occurrence, and, subject to that limit per accident, a total (or aggregate) limit of $2,000,000 per occurrence for all damages arising out of bodily injuries to, or death of, all persons and injuries to or destruction of property per policy period. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. The Contractor shall pay premiums cause the State and its officers, agents, and employees to be named as an additional insured on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the additional insured endorsement to the policy to the Agency all insurance policiesin an electronic format acceptable to the Agency prior to the Effective Date evidencing such coverage. The Contractor shall not begin Performance until the delivery of these 3 documents to the Agency. Contractor shall provide notice to a Participating Entity who is a state within twenty (20) Business Days after Contractor is first aware an annual electronic update of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. Contractor shall provide to Participating Entities the same insurance obligations and documentation as those specified in this section, except the endorsement is provided 3 documents to the applicable Participating EntityAgency on or before each anniversary of the Effective Date during the Term. Copies The State shall be entitled to recover under the insurance policy even if a body of renewal certificates competent jurisdiction determines that the State is contributorily negligent, but only for that portion of all required insurance will be furnished within thirty (30) days after any renewal date the negligence attributable to the applicable Participating Entity. Failure to provide evidence of coverage may, at the sole option Contractor and not for that portion of the Lead negligence attributable to the State. Automobile Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage extends to owned, or any Participating Entityhired and non-owned automobiles. If the Contractor does not own an automobile, result but one is used in the execution of this Master Agreement’s termination or Contract, then only hired and non-owned coverage is required. If a vehicle is not used in the termination execution of any Participating Addendum. Insurance this Contract, then automobile coverage and limits will is not limit Contractor’s liability and obligations under this Master Agreementrequired.

Risk of Loss and Insurance. The Purchasing Entity State shall not be liable to Contractor for any risk of Deliverable loss or damage while Deliverables are in transit, or while in the Purchasing EntityAgency’s possession, except when such loss or damage is due directly to the Purchasing EntityAgency’s negligence or intentional misconduct. Nothing in this Section is intended nor shall it be construed, in any manner, as waiving or compromising the sovereign immunity of the Purchasing EntityState. The insurance required by this Section shall be written on an occurrence basis as opposed to a “claims made” basis and shall be on such forms, and contain such endorsements and terms, as shall be acceptable to the Lead StateAgency. Before commencing Performance, the Contractor shall obtain and maintain at its own cost and expense for the Term of this Master AgreementContract, the insurance described below. Contractor shall assume any and all deductibles in the described insurance policies. The Contractor’s insurers shall have no right of recovery or subrogation against the State and the described Contractor’s insurance shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall not affect coverage provided to the State. INSURANCE PROVISIONS TO BE SELECTED BASED ON TRANSACTION NEED, CONTACT SIRMB WITH ANY QUESTIONS ON APPLICABILITY AND REQUIRED COVERAGE LEVELS—DELETE THIS TEXT AND INSURANCE TYPES THAT ARE NOT APPLICABLE BEFORE FINALIZING. Commercial General Liability Throughout the Term and during the time that any provisions survive the Term, Contractor shall acquire such insurance from an insurance carrier maintain, at Contractor’s sole cost and expense, a policy or carriers licensed to conduct business in each Participating Entity’s state and having a rating policies of A-commercial general liability insurance, Class VII or betterincluding contractual liability coverage, in the most recently published edition an amount not less than $1,000,000 for all damages arising out of A.M. Best’s Insurance Reportsbodily injuries to, or death of, all persons and injuries to or destruction of property, in any one accident or occurrence, and, subject to that limit per accident, a total (or aggregate) limit of $2,000,000 per occurrence for all damages arising out of bodily injuries to, or death of, all persons and injuries to or destruction of property per policy period. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. The Contractor shall pay premiums cause the State and its officers, agents and employees to be named as an additional insured on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the additional insured endorsement to the policy to the Agency all insurance policiesin an electronic format acceptable to the Agency prior to the Effective Date evidencing such coverage. The Contractor shall not begin Performance until the delivery of these 3 documents to the Agency. Contractor shall provide notice to a Participating Entity who is a state within twenty (20) Business Days after Contractor is first aware an annual electronic update of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. Contractor shall provide to Participating Entities the same insurance obligations and documentation as those specified in this section, except the endorsement is provided 3 documents to the applicable Participating Entity. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable Participating Entity. Failure to provide evidence of coverage may, at the sole option Agency on or before each anniversary of the Lead StateEffective Date during the Term. The State shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines that the State is contributorily negligent. Automobile Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage extends to owned, or any Participating Entityhired and non-owned automobiles. If the Contractor does not own an automobile, result but one is used in the execution of this Master Agreement’s termination or Contract, then only hired and non-owned coverage is required. If a vehicle is not used in the termination execution of any Participating Addendum. Insurance this Contract, then automobile coverage and limits will is not limit Contractor’s liability and obligations under this Master Agreementrequired.

Risk of Loss and Insurance. The Purchasing Entity State shall not be liable to Contractor for any risk of Deliverable loss or damage while Deliverables are in transit, or while in the Purchasing EntityAgency’s possession, except when such loss or damage is due directly to the Purchasing EntityAgency’s negligence or intentional misconduct. Nothing in this Section is intended nor shall it be construed, in any manner, as waiving or compromising the sovereign immunity of the Purchasing EntityState. The insurance required by this Section shall be written on an occurrence basis as opposed to a “claims made” basis and shall be on such forms, and contain such endorsements and terms, as shall be acceptable to the Lead StateAgency. Before commencing Performance, the Contractor shall obtain and maintain at its own cost and expense for the Term of this Master AgreementContract, the insurance described below. Contractor shall assume any and all deductibles in the described insurance policies. The Contractor’s insurers shall have no right of recovery or subrogation against the State and the described Contractor’s insurance shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall not affect coverage provided to the State. INSURANCE PROVISIONS TO BE SELECTED BASED ON TRANSACTION NEED, CONTACT SIRMB WITH ANY QUESTIONS ON APPLICABILITY AND REQUIRED COVERAGE LEVELS—DELETE THIS TEXT AND INSURANCE TYPES THAT ARE NOT APPLICABLE BEFORE FINALIZING Commercial General Liability Throughout the Term and during the time that any provisions survive the Term, Contractor shall acquire such insurance from an insurance carrier maintain, at Contractor’s sole cost and expense, a policy or carriers licensed to conduct business in each Participating Entity’s state and having a rating policies of A-commercial general liability insurance, Class VII or betterincluding contractual liability coverage, in the most recently published edition an amount not less than $1,000,000 for all damages arising out of A.M. Best’s Insurance Reportsbodily injuries to, or death of, all persons and injuries to or destruction of property, in any one accident or occurrence, and, subject to that limit per accident, a total (or aggregate) limit of $2,000,000 per occurrence for all damages arising out of bodily injuries to, or death of, all persons and injuries to or destruction of property per policy period. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. The Contractor shall pay premiums cause the State and its officers, agents, and employees to be named as an additional insured on the policy and shall provide (1) a certificate of insurance (2) the declaration page and (3) the additional insured endorsement to the policy to the Agency all insurance policiesin an electronic format acceptable to the Agency prior to the Effective Date evidencing such coverage. The Contractor shall not begin Performance until the delivery of these 3 documents to the Agency. Contractor shall provide notice to a Participating Entity who is a state within twenty (20) Business Days after Contractor is first aware an annual electronic update of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. Contractor shall provide to Participating Entities the same insurance obligations and documentation as those specified in this section, except the endorsement is provided 3 documents to the applicable Participating Entity. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable Participating Entity. Failure to provide evidence of coverage may, at the sole option Agency on or before each anniversary of the Lead StateEffective Date during the Term. The State shall be entitled to recover under the insurance policy even if a body of competent jurisdiction determines that the State is contributorily negligent. Automobile Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage extends to owned, or any Participating Entityhired and non-owned automobiles. If the Contractor does not own an automobile, result but one is used in the execution of this Master Agreement’s termination or Contract, then only hired and non-owned coverage is required. If a vehicle is not used in the termination execution of any Participating Addendum. Insurance this Contract, then automobile coverage and limits will is not limit Contractor’s liability and obligations under this Master Agreementrequired.