SAMPLE INSURANCE AGREEMENT - CONTRACTOR (Asbestos/Lead Abatement Contractors)

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Lisa Walsh
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1 SAMPLE INSURANCE AGREEMENT - CONTRACTOR (Asbestos/Lead Abatement Contractors) contractor hereby agrees to effectuate the naming of the school as an additional insured on the contractor's insurance polices, with the exception of workers' compensation. Be an insurance policy from an A.M. Best rated A- or higher insurer, authorized to conduct business in the state. A (list home state) licensed insurer is preferred. The decision to accept specific insurers lies exclusively with the school; Additional insured status shall be provided by ISO endorsement CG or its equivalent. Examples of equivalent ISO additional insured endorsements include using both CG and CG together. A completed copy of the endorsement(s) must be attached to the certificate of insurance; state that the organization's coverage shall be primary and non-contributory coverage for the school, its Board, employees and volunteers. The certificate of insurance must describe the specific services provided by the contractor (e.g., asbestos testing, consulting) that are covered by the liability policy. At the school's request, the contractor shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, the contractor will provide a copy of the policy endorsements and forms. The contractor/permittee agrees to indemnify the school for any applicable deductibles and selfinsured retentions. Required Insurance: $1,000,000 per occurrence/ $2,000,000 in the aggregate. Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. Workers' Compensation, Employers Liability Statutory Workers' Compensation, Employers' Liability Insurance for all employees. Asbestos/Lead Abatement Insurance With coverage for the services rendered for the school, including, but not limited to removal, replacement enclosure, encapsulation and/or disposal of asbestos, or any other hazardous material, along with any related pollution events, including coverage for thirdparty liability claims for bodily injury, property damage and clean-up costs. $2,000,000 per occurrence/ $2,000,000, including products and completed operations. If a retroactive date is used, it must pre-date the inception of the contract. If the contractor is using motor vehicles to be used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage (ISO endorsement CA 9948 or equivalent) as well as proof of MCS 90.

2 Excess Insurance $1,000,000; $3,000,000; $5,000,000 (or higher) each Occurrence and Aggregate depending on the type and size of the project. Excess coverage shall be on a follow-form basis. V. Contractor acknowledges that failure to obtain such insurance on behalf of the school constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the school. The contractor/permittee is to provide the school with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities.

3 SAMPLE INSURANCE AGREEMENT ARCHITECTS & ENGINEERS consultant hereby agrees to effectuate the naming of the school as an additional insured on the consultant s insurance polices, with the exception of workers' compensation, NY State disability and professional liability. If the policy is written on a claims-made basis, the retroactive date must precede the date of the contract Purchase an insurance policy from an A.M. Best rated A- or higher insurer, licensed in (list home state.) State that the organization's coverage shall be primary and non-contributory coverage for the School, its Board, employees and volunteers. The school shall be listed as an additional insured by using endorsement CG or equivalent. Examples of equivalent ISO additional insured endorsements include using both CG and CG together. A completed copy of the endorsement must be attached to the certificate of insurance. The consultant agrees to indemnify the school for any applicable deductibles and self-insured retentions. Required Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate. Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. Workers' Compensation Statutory Workers' Compensation, Employers' Liability insurance for all employees. Proof Architects & Engineers Professional Errors and Omissions Insurance $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the consultant performed under the contract for the school. If written on a claims-made basis, the retroactive date must pre-date the inception of the contract or agreement. Coverage shall remain in effect for two years following the completion of work. If the architect or engineer is providing or managing environmental services, the errors & omissions policy must be endorsement to include coverage for these services. Excess Insurance On a Follow-Form basis (Excess insurance applies over the Architects & Engineers Professional Errors and Omissions Insurance), with limits of $1,000,000/ $3,000,000/$5,000,000 each occurrence and aggregate. Exact limit depending on the size and complexity of the project.

4 Performance Bond (Optional) If required, these bonds shall be provided by a (list home state) admitted Surety Company, in good standing. The school shall be named as the Obligee, and an original Power of Attorney, Corporate and Surety Acknowledgements must accompany the bond. V. Consultant acknowledges that failure to obtain such insurance on behalf of the school constitutes a material breach of contract. The consultant is to provide the schools with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the school to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the school.

5 INSURANCE AGREEMENT - PROFESSIONAL CONSULTANTS consultant hereby agrees to effectuate the naming of the school as an additional insured on the consultant s insurance polices, with the exception of workers' compensation and professional liability. If the policy is written on a claims-made basis, the retroactive date must precede the date of the contract Purchase an insurance policy from an A.M. Best rated A- or higher insurer, licensed in (list home state). State that the organization's coverage shall be primary and non-contributory coverage for the School, its Board, employees and volunteers. The school shall be listed as an additional insured by using endorsement CG 2026 or equivalent. A completed copy of the endorsement must be attached to the certificate of insurance. The certificate of insurance must describe the specific services provided by the contractor (e.g., physical therapy, psychological services) that are covered by the professional liability, commercial general liability policy and the umbrella policy. At the School's request, the contractor shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, the contractor will provide a copy of the policy endorsements and forms. The consultant agrees to indemnify the school for any applicable deductibles and self-insured retentions. Required Insurance: (General Liability Insurance is required when services are being provided off-premises such as at the consultant s office or clinic.) $1,000,000 per occurrence/ $2,000,000 aggregate. Workers' Compensation Statutory Workers' Compensation, Employers' Liability for all employees. Professional Errors and Omissions Insurance $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the consultant performed under the contract for the school. If written on a claims-made basis, the retroactive date must pre-date the inception of the contract or agreement. Coverage shall remain in effect for two years following the completion of work. Excess Insurance $1,000,000 each occurrence and aggregate. Excess coverage shall be on a follow-form basis. (Higher limits may be required depending on the type and size of the agreement and services.) Performance Bond (Optional) If required, these bonds shall be provided by a (list home state) admitted Surety Company, in good standing. The school shall be named as the Obligee, and an original Power of Attorney, Corporate and Surety Acknowledgements must accompany the bond.

6 V. Consultant acknowledges that failure to obtain such insurance on behalf of the school constitutes a material breach of contract. The consultant is to provide the schools with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the school to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the school.

7 SAMPLE INSURANCE AGREEMENT CONTRACTORS contractor hereby agrees to effectuate the naming of the school as an additional insured on the contractor's insurance polices, with the exception of workers' compensation insurance. Be an insurance policy from an A.M. Best rated A- or higher insurer, authorized to conduct business in (list home state). The decision to accept specific insurers lies exclusively with the school. State that the organization's coverage shall be primary and non-contributory coverage for the school, its Board, employees and volunteers. The school shall be listed as an additional insured by using endorsement CG or equivalent. Examples of equivalent ISO additional insured endorsements include using both CG and CG together. A completed copy of the endorsement must be attached to the certificate of insurance. The certificate of insurance must describe the specific services provided by the contractor (e.g., roofing, carpentry, plumbing) that are covered by the commercial general liability policy and the umbrella policy. At the School's request, the contractor shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, the contractor will provide a copy of the policy endorsements and forms. The contractor agrees to indemnify the school for any applicable deductibles and self-insured retentions. Required Insurance: $1,000,000 per occurrence/ $2,000,000 general and products/completed operations aggregates. The general aggregate shall apply on a per-project basis. Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. Workers' Compensation, Employers Liability Statutory Workers' Compensation, Employers' Liability Insurance and for all employees. Owners Contractors Protective Insurance (When required in the specifications) $1,000,000 per occurrence/$2,000,000 aggregate, with the school as the named insured. Excess Insurance $1,000,000; $3,000,000; $5,000,000 (or higher) each Occurrence and Aggregate depending on the type and size of the project. Excess coverage shall be on a follow-form basis. Bid, Performance and Labor & Material Bonds If required, these bonds shall be provided by a (list home state) admitted surety company, in good standing. Builders Risk Insurance or Installation Floater Consult your insurance advisor concerning the (1) need and (2) provider of these coverages. V. Contractor acknowledges that failure to obtain such insurance on behalf of the school constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the school. The contractor is to provide the school with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities.

8 SAMPLE INSURANCE REQUIREMENTS LEASE AGREEMENTS tenant hereby agrees to effectuate the naming of the school as an additional insured on the tenant's insurance polices. be an insurance policy from an A.M. Best rated A- or higher, (list home state) admitted insurer; the school shall be listed as an additional insured by using endorsement CG or equivalent; state that the organization's coverage shall be primary and non-contributory coverage for the school, its Board, employees and volunteers. The tenant agrees to indemnify the school for any applicable deductibles and self-insured retentions. Required Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate on a per location basis; $300,000 damage to rented premises each occurrence limit. Excess Insurance $2,000,000 each occurrence and aggregate on a follow-form basis. Property Insurance Coverage for the tenant s business personal property, improvements and betterments and extra expense. The deductible shall not exceed $1,000. The policy shall contain a waiver of subrogation in favor of the school. V. Tenant acknowledges that failure to obtain such insurance on behalf of the school constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the school. The tenant is to provide the school with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. VI. At the School's request, the contractor shall provide a copy of the declaration page of the liability policy with a list of endorsements. If so requested, the contractor will provide a copy of the policy endorsements

9 SAMPLE INSURANCE AGREEMENT - TRANSPORTATION contractor hereby agrees to effectuate the naming of the school as an additional insured on the contractor's insurance polices, with the exception of workers' compensation. Be an insurance policy from an A.M. Best rated A- or higher insurer, licensed to conduct business in (list home state.) State that the organization's coverage shall be primary and non-contributory coverage for the school, its Board, employees and volunteers. State that the commercial general liability policy affirmatively provides coverage for claims of negligent hiring, training and supervision, which may arise in the context of sexual molestation, abuse harassment, or similar sexual misconduct. The school shall be listed as an additional insured by using endorsement CG or equivalent. Examples of equivalent ISO additional insured endorsements include using CG or CG A completed copy of the endorsement must be attached to the certificate of insurance. The contractor agrees to indemnify the school for any applicable deductibles and self-insured retentions. The insurance producer must indicate whether or not they are an agent for the companies providing the coverage. V. Required Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate, with coverage for sexual misconduct. Automobile Liability $5,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. Workers' Compensation, Employers Liability and NYS Disability Insurance Statutory Workers' Compensation, Employers' Liability Insurance for all employees. VI. Contractor acknowledges that failure to obtain such insurance on behalf of the school constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the school. The contractor is to provide the school with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities.

10 SAMPLE INSURANCE AGREEMENT - USE OF FACILITIES permittee hereby agrees to effectuate the naming of the school as an additional insured on the permittee's insurance polices. Be an insurance policy from an A.M. Best rated A- or higher insurer, licensed in (list home state). State that the organization's coverage shall be primary and non-contributory coverage for the school it s Board, employees and volunteers. The school shall be listed as an additional insured by using endorsement CG 2026 or equivalent. A completed copy of the endorsement must be attached to the certificate of insurance. At the School's request, the organization shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, the organization will provide a copy of the policy endorsements and forms. The permittee agrees to indemnify the school for any applicable deductibles and self-insured retentions. The insurance producer must indicate whether or not they are an agent for the companies providing the coverage. V. Required Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate, with coverage for athletic participants. (Higher limits may be needed for large events, such as athletic tournaments or fairs) VI. Permittee acknowledges that failure to obtain such insurance on behalf of the school constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the school. The permittee is to provide the school with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities.

TRENTON AGRI PRODUCTS LLC INSURANCE & INDEMNIFICATION TERMS & CONDITIONS

TRENTON AGRI PRODUCTS LLC INSURANCE & INDEMNIFICATION TERMS & CONDITIONS These Insurance & Indemnification Terms & Conditions ( Terms ) are hereby incorporated in and made a part of each and every written