Common use of Subcontractor Insurance Obligations Clause in Contracts

Subcontractor Insurance Obligations. The Subcontractor must: ensure that it obtains and maintains Workers Compensation Insurance; comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Contractor in respect of any statutory liability to the Subcontractor’s employees; ensure that each of its subsubcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; from the Award Date cause to be effected and maintained or otherwise have the benefit of: if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified in the Subcontract Particulars, each of which must be: for the respective amounts specified in the Subcontract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor’s Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; and includes a run-off period as referred to in the Subcontract Particulars; promptly provide the Contractor’s Representative with evidence satisfactory to the Contractor’s Representative that: it has complied with clause 4.3; and each insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contractor’s Representative from time to time; ensure that: if the: insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Subcontractor notice of expiry, cancellation or rescission of the self-insurer’s authorisation or licence, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any: required insurance policy; or self-insurer’s authorisation or licence, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer’s authorisation or licence and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do, permit to do, or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor’s Representative copies of receipts for payment of premiums if and when requested by the Contractor’s Representative. Any increase in premium is the responsibility of, and must be borne by, the Subcontractor; renews any required insurance policy or self insurer's authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor’s Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self insurer's authorisation or licence to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor’s Representative; immediately notifies the Contractor’s Representative (in writing) of any event which may result in a required insurance policy or self insurer's authorisation or licence lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self insurer's authorisation or licence; does everything reasonably required by the Contractor and the Contractor’s Representative to enable the Contractor and the Commonwealth to claim and to collect or recover, money due under any of the insurances; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors that perform any design work forming part of the Subcontractor's Activities also maintain Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3 for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (g), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirement), a self insurer's authorisation or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor under the Subcontract or otherwise at law or in equity. Clause 4.5 of the Conditions of Subcontract is deleted and replaced as follows:

Subcontractor Insurance Obligations. The Subcontractor must: ensure that it obtains and maintains Workers Compensation Insurance; comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Contractor in respect of any statutory liability to the Subcontractor’s employees; ensure that each of its subsubcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; from the Award Date cause to be effected and maintained or otherwise have the benefit of: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, whichever of Professional Indemnity InsuranceInsurance or Errors and Omissions Insurance has an amount specified in the Subcontract Particulars; and such other insurances on such terms as are specified in the Subcontract Particulars, each of which must be: for the respective amounts specified in the Subcontract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor’s Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the whichever of Professional Indemnity InsuranceInsurance or Errors and Omissions Insurance has an amount specified in the Subcontract Particulars, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's ’s Activities; is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; and includes a run-off period as referred to in the Subcontract Particulars; promptly provide the Contractor’s Representative with evidence satisfactory to the Contractor’s Representative that: it has complied with clause 4.35.5; and each insurance required under clause 4.3 5.5 is current and complies with clause 4.35.5, as required by the Contractor’s Representative from time to time; ensure that: if the: insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Subcontractor notice of expiry, cancellation or rescission of the self-insurer’s authorisation or licence, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any: required insurance policy; or self-insurer’s authorisation or licence, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer’s authorisation or licence and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do, permit to do, or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor’s Representative copies of receipts for payment of premiums if and when requested by the Contractor’s Representative. Any increase in premium is the responsibility of, and must be borne by, the Subcontractor; renews any required insurance policy or self self-insurer's ’s authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor’s Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self self-insurer's ’s authorisation or licence to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor’s Representative; immediately notifies the Contractor’s Representative (in writing) of any event which may result in a required insurance policy or self self-insurer's ’s authorisation or licence lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self self-insurer's ’s authorisation or licence; does everything reasonably required by the Contractor and the Contractor’s Representative to enable the Contractor and the Commonwealth to claim and to collect or recover, money due under any of the insurances; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors subcontractors that perform any design work forming part of the Subcontractor's ’s Activities also maintain Professional Indemnity Insurance or Errors and Omissions Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3 5.5 for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under clause 4.35.5. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (g), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirement), a self self-insurer's ’s authorisation or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.35.5. The obtaining of insurance as required under clause 4.3 5.5 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor under the Subcontract or otherwise at law or in equity. Clause 4.5 5.6 of the Conditions of Subcontract is deleted and replaced as follows:

Subcontractor Insurance Obligations. The Subcontractor must: ensure that it obtains and maintains Workers Compensation Insurance; comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Contractor in respect of any statutory liability to the Subcontractor’s employees; ensure that each of its subsubcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; from the Award Date cause to be effected and maintained or otherwise have the benefit of: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, whichever of Professional Indemnity InsuranceInsurance or Errors and Omissions Insurance has an amount specified in the Subcontract Particulars; and such other insurances on such terms as are specified in the Subcontract Particulars, each of which must be: for the respective amounts specified in the Subcontract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor’s Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the whichever of Professional Indemnity InsuranceInsurance or Errors and Omissions Insurance has an amount specified in the Subcontract Particulars, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's ’s Activities; is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; and includes a run-off period as referred to in the Subcontract Particulars; promptly provide the Contractor’s Representative with evidence satisfactory to the Contractor’s Representative that: it has complied with clause 4.35.5; and each insurance required under clause 4.3 5.5 is current and complies with clause 4.35.5, as required by the Contractor’s Representative from time to time; ensure that: if the: insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Subcontractor notice of expiry, cancellation or rescission of the self-insurer’s authorisation or licence, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any: required insurance policy; or self-insurer’s authorisation or licence, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer’s authorisation or licence and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do, permit to do, or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor’s Representative copies of receipts for payment of premiums if and when requested by the Contractor’s Representative. Any increase in premium is the responsibility of, and must be borne by, the Subcontractor; renews any required insurance policy or self self-insurer's ’s authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor’s Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self self-insurer's ’s authorisation or licence to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor’s Representative; immediately notifies the Contractor’s Representative (in writing) of any event which may result in a required insurance policy or self self-insurer's ’s authorisation or licence lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self self-insurer's ’s authorisation or licence; does everything reasonably required by the Contractor and the Contractor’s Representative to enable the Contractor and the Commonwealth to claim and to collect or recover, money due under any of the insurances; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors subcontractors that perform any design work forming part of the Subcontractor's ’s Activities also maintain Professional Indemnity Insurance or Errors and Omissions Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3 for 5.5for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under clause 4.35.5. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (g), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirement), a self self-insurer's ’s authorisation or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.35.5. The obtaining of insurance as required under clause 4.3 5.5 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor under the Subcontract or otherwise at law or in equity. Clause 4.5 5.6 of the Conditions of Subcontract is deleted and replaced as follows:

Subcontractor Insurance Obligations. The Subcontractor must: ensure that it obtains and maintains Workers Compensation Insurance; comply with its legal obligations to make payments to its employees in the event of a workplace injury or illness (including death) arising out of or in connection with the employment; indemnify, to the extent permitted by law, the Contractor in respect of any statutory liability to the Subcontractor’s employees; ensure that each of its subsubcontractors legally required to do so, has Workers Compensation Insurance covering the subcontractor in respect of its statutory liability to employees; from the Award Date cause to be effected and maintained or otherwise have the benefit of: Public Liability Insurance; and Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part to, whichever of Professional Indemnity Insurance or Errors and Omissions Insurance has an amount specified in the Subcontract Works, Professional Indemnity InsuranceParticulars; and such other insurances on such terms as are specified in the Subcontract Particulars, each of which must be: for the respective amounts specified in the Subcontract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor’s Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance, the Subcontractor must: comply with its legal obligations to make payments to its employees for death or injuries arising out of or in the course of their employment; to the extent permitted by law, indemnify the Contractor in respect of any statutory and common law liability to the Subcontractor’s employees; and ensure that each of its subcontractors which is legally required to do so, has Workers Compensation Insurance covering the subsubcontractor in respect of its statutory and common law liability to its employees; in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Subcontract Particulars; in relation to whichever of Professional Indemnity InsuranceInsurance or Errors and Omissions Insurance has an amount specified in the Subcontract Particulars, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's ’s Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide or limits and jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; and includes a run-off period as referred to specified in the Subcontract Particulars; promptly provide the Contractor’s Representative with evidence satisfactory to the Contractor’s Representative that: it has complied with clause 4.35.5; and each insurance required under clause 4.3 5.5 is current and complies with clause 4.35.5, as required by the Contractor’s Representative from time to time; ensure that: if the: insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy; or Safety Rehabilitation and Compensation Commission or other relevant authority, body or other organisation under any Statutory Requirement gives the Subcontractor notice of expiry, cancellation or rescission of the self-insurer’s authorisation or licence, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any: required insurance policy; or self-insurer’s authorisation or licence, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer or details of the relevant self-insurer’s authorisation or licence and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do, permit to do, do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor’s Representative copies of receipts for payment of premiums if and when requested by the Contractor’s Representative. Any increase in premium is the responsibility of, and must be borne by, the Subcontractor; renews any required insurance policy or self self-insurer's ’s authorisation or licence if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor’s Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy or self self-insurer's ’s authorisation or licence to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor’s Representative; immediately notifies the Contractor’s Representative (in writing) of any event which may result in a required insurance policy or self self-insurer's ’s authorisation or licence lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies and self self-insurer's ’s authorisation or licence; does everything reasonably required by the Contractor and the Contractor’s Representative to enable the Contractor and the Commonwealth to claim and to collect or recover, money due under any of the insurances; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors subcontractors that perform any design work forming part of the Subcontractor's ’s Activities also maintain Professional Indemnity Insurance or Errors and Omissions Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3 5.5 for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (g), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirement), a self self-insurer's ’s authorisation or licence and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.35.5. The obtaining of insurance as required under clause 4.3 5.5 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor under the Subcontract or otherwise at law or in equity. Clause 4.5 5.6 of the Conditions of Subcontract is deleted and replaced as follows: