|
1.The Retroactive Date must be shown and must be before the date of the contract or
<br />the beginning of contract work.
<br />2.Insurance must be maintained and evidence of insurance must be provided for at least
<br />five (5) years after completion of the contract of work.
<br />3.If coverage is canceled or non-renewed, and not replaced with another claims-made
<br />policy form with a Retroactive Date prior to the contract effective date, IPS must
<br />purchase "extended reporting" coverage for a minimum of five (5) years after
<br />completion of contract work.
<br />8.Verification of Coverage: IPS shall furnish the City with original Certificates of Insurance
<br />including all required amendatory endorsements (or cop ies of the applicable policy language
<br />effecting coverage required by this clause) and a copy of the Declarations and Endorsement
<br />Page of the CGL policy listing all policy endorsements to City before work begins. However,
<br />failure to obtain the required documents prior to the work beginning shall not waive IPS's
<br />obligation to provide them. City reserves the right to require complete, certified copies of all
<br />required insurance policies, including endorsements required by these specifications, at any
<br />time.
<br />9.Subcontractors: IPS shall require and verify that all subcontractors maintain insurance meeting
<br />all the requirements stated herein, and IPS shall ensure that City is an additional insured on
<br />insurance required from subcontractors.
<br />10.Special Risks or Circumstances: City reserves the right to modify these requirements, including
<br />limits, based on the nature of the risk, prior experience, insurer, coverage, or other special
<br />circumstances.
<br />13.Indemnification and Limits of Liability
<br />13.1. IPS agrees to defend with counsel reasonably acceptable to the City and indemnify City, its elected and
<br />appointed officials, officers, agents, employees, contractors and agents (collectively, the "Indemnified
<br />Parties") from and against losses, claims, expenses (including, but not limited to, reasonable attorneys'
<br />fees), costs, liabilities or damages (collectively, "Losses") arising from IPS's breach of its obligations under
<br />this Agreement, arising from IPS's acts or omissions, for any Losses incurred by or asserted against any one
<br />or more or all of the Indemnified Parties by reason of damage to property or injury to, or death of, any
<br />person, caused by the acts, omissions, or negligence of IPS, its employees, agents or contractors. IPS shall
<br />not be responsible for any Losses attributable to acts, omissions, or negligence of the Indemnified Parties,
<br />including misuse or abuse of IPS Equipment and Services, nor for any Losses arising directly or indirectly
<br />caused by acts of vandalism.
<br />13.2. IPS represents and warrants that any products or services provided under this Agreement are either
<br />original, or not encumbered, and do not knowingly infringe upon the copyright, trademark, patent or
<br />other intellectual property rights of any third party or are in the public domain. If any products or
<br />services associated with this Agreement provided hereunder become the subject of a claim, suit or
<br />allegation of copyright, trademark or patent infringement, IPS agrees to indemnify, defend, and hold
<br />harmless the City, its officers, employees and agents from and against any and all claims, actions, costs,
<br />EXHIBIT 1
|