Common use of Special Insurance Requirements Clause in Contracts

Special Insurance Requirements. All insurance required shall: Be procured from California admitted insurers (licensed to do business in California) with a current rating by Best’s Key Rating Guide, acceptable to COUNTY. A rating of at least A-VII shall be acceptable to COUNTY; lesser ratings must be approved in writing by COUNTY. Be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be in excess of CONSULTANT’s insurance coverage and shall not contribute to it. Name the County of Imperial and its officers, employees, and volunteers as additional insured on all policies, except Workers’ Compensation insurance and Errors & Omissions insurance, and provide that COUNTY may recover for any loss suffered by COUNTY due to CONSULTANT’s negligence. State that it is primary insurance and regards COUNTY as an additional insured and contains a cross-liability or severability of interest clause. Not be canceled, non-renewed or reduced in scope of coverage until after thirty (30) days written notice has been given to COUNTY. CONSULTANT may not terminate such coverage until it provides COUNTY with proof that equal or better insurance has been secured and is in place. Cancellation or change without prior written consent of COUNTY shall, at the option of COUNTY, be grounds for termination of this Agreement. If this Agreement remains in effect more than one (1) year from the date of its original execution, COUNTY may, at its sole discretion, require an increase to liability insurance to the level then customary in similar COUNTY Agreements by giving sixty (60) days notice to CONSULTANT. Additional Insurance Requirements. COUNTY is to be notified immediately of all insurance claims. COUNTY is also to be notified if any aggregate insurance limit is exceeded. The comprehensive or commercial general liability shall contain a provision of endorsements stating that such insurance: Includes contractual liability; Does not contain any exclusions as to loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU Hazards;” Does not contain a “pro rata” provision which looks to limit the insurer’s liability to the total proportion that its policy limits bear to the total coverage available to the insured; Does not contain an “excess only” clause which require the exhaustion of other insurance prior to providing coverage; Does not contain an “escape clause” which extinguishes the insurer’s liability if the loss is covered by other insurance; Includes COUNTY as an additional insured; and States that it is primary insurance and regards COUNTY as an additional insured and contains a cross-liability or severability of interest clause.

Special Insurance Requirements. All insurance required shall: Be procured from California admitted insurers (licensed to do business in California) Said policies shall unless otherwise specified herein be endorsed with a current rating by Best’s Key Rating Guidethe following provisions. a. The Comprehensive General Liability Policy shall provide that COUNTY, acceptable to COUNTY. A rating of at least A-VII shall be acceptable to COUNTY; lesser ratings must be approved in writing by COUNTY. Be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be in excess of CONSULTANT’s insurance coverage and shall not contribute to it. Name the County of Imperial and its officers, officials, employees, and volunteers are endorsed as additional insured for liability arising out of the operations performed by or on all policiesbehalf of CONCESSIONER. The coverage shall contain no special limitations on the scope of protection afforded to COUNTY, except Workers’ Compensation insurance and Errors & Omissions insuranceits officers, officials, employees, and provide that COUNTY may recover for any loss suffered by COUNTY due to CONSULTANT’s negligencevolunteers. State that it is primary insurance and regards COUNTY as an additional insured and contains a cross-liability or severability of interest clause. Not be canceled, non-renewed or reduced in scope of coverage until after thirty (30) days written notice has been given to COUNTY. CONSULTANT may not terminate such coverage until it provides COUNTY with proof that equal or better insurance has been secured and is in place. Cancellation or change without prior written consent of COUNTY shall, at the option of COUNTY, be grounds for termination of this Agreement. If this Agreement remains in effect more than one (1) year from the date of its original execution, COUNTY may, at its sole discretion, require an increase to liability insurance to the level then customary in similar COUNTY Agreements by giving sixty (60) days notice to CONSULTANT. Additional Insurance Requirements. COUNTY is to be notified immediately of all insurance claims. COUNTY is Said policy shall also to be notified if any aggregate insurance limit is exceeded. The comprehensive or commercial general liability shall contain a provision of endorsements stating that such insurance: coverage: i. Includes contractual liability; . ii. Does not contain any exclusions as to loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU Hazards;” ”. iii. Is primary insurance as regards to County of Humboldt. iv. Does not contain a “pro pro-rata” provision which looks , excess only, and/or escape clause. v. Contains a cross liability, severability of interest or separation of insureds clause. vi. Shall not be canceled, non-renewed or materially reduced in coverage without thirty (30) days prior written notice being provided to COUNTY and in accordance with the Notice provisions set forth under Section IX.A, below. It is further understood that CONCESSIONER shall not terminate such coverage until it provides COUNTY with proof satisfactory to COUNTY that equal or better insurance has been secured and is in place. vii. Is primary coverage to COUNTY, and insurance or self- insurance programs maintained by COUNTY are excess to CONCESSIONER’S insurance and will not be called upon to contribute with it until the primary coverage is exhausted. b. CONCESSIONER shall furnish COUNTY with certificates and original endorsements affecting the required coverage prior to execution of this Agreement by COUNTY. The endorsements shall be on forms as approved by COUNTY’S Risk Manager or County Counsel. Any deductible or self-insured retention over one hundred thousand dollars ($100,000) shall be disclosed to and approved of by COUNTY. If CONCESSIONER does not keep all required policies in full force and effect, COUNTY may, in addition to other remedies under this Agreement, take out the necessary insurance, and CONCESSIONER agrees to pay the cost of said insurance. c. COUNTY is to be notified immediately if twenty-five percent (25%) or more of any required insurance aggregate limit is encumbered and CONCESSIONER shall be required to purchase additional coverage to meet the aggregate limits set forth above. d. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the insurer’s liability liability. e. Any failure to comply with reporting or other provisions of the total proportion that its policy limits bear Parties, including breach of warranties, shall not affect coverage provided to the total coverage available to the insured; Does not contain an “excess only” clause which require the exhaustion of other insurance prior to providing coverage; Does not contain an “escape clause” which extinguishes the insurer’s liability if the loss is covered by other insurance; Includes COUNTY as an additional insured; CONCESSIONER, COUNTY, their officers, officials, employees, and States that it is primary insurance and regards COUNTY as an additional insured and contains a cross-liability or severability of interest clausevolunteers.