DCPCUP-2017-02381 - Laserfiche WebLink

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Subcontract#: 1706-1050 b. To the extent such loss,damage,claims,suits or demands are,or should be,afforded coverage by the Subcontractor's required insurance or any other insurance(except professional liability to which this requirement does not apply)maintained by the Subcontractor.This waiver shall apply to all first party property,equipment,vehicle and workers compensation claims (unless prohibited under applicable state statutes), and all third party liability claims. This waiver shall apply to all deductibles,retentions or self-insured layers applicable to the required or any other insurance(except professional liability to which this requirement does not apply)maintained by the Subcontractor.If necessary,Subcontractor agrees to endorse the required insurance policies to permit waivers of subrogation in favor of General Contractor,Project Owner and Project Architect as required hereunder.Subcontractor further agrees to hold harmless and indemnify General Contractor,Project Owner and Project Architect for any loss or expense incurred as a result of Subcontractor's failure to obtain such waivers of subrogation from the insurers. 5. Notice of Cancellation/Material Change/NonrenewaL Subcontractor's insurance policies must contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least 30 days prior Written Notice has been given to General Contractor and to each other additional insured to whom a certificate of insurance has been issued;provided, however,that a ten(10)day prior notice requirement may apply in the event of cancellation due to nonpayment of premium. 6. Verification of Coverage.Prior to commencing Work,Subcontractor shall furnish General Contractor with certificate(s)of insurance executed by a duly authorized representative of each insurer,as evidence of compliance with the insurance requirements set forth above. Such certificates of insurance shall be accompanied by copies of endorsements evidencing coverage afforded to General Contractor and Project Owner as additional insured,and endorsements reflecting insurer's concurrence with Subcontractor's waiver of subrogation rights against General Contractor,Project Owner and Project Architect.Renewal certificates are to be provided to the General Contractor prior to the expiration of the required insurance policies. Certified copies of policies,including all policy endorsements,shall be furnished by Subcontractor within 15 days of written request by General Contractor. The certificate(s)of insurance shall be subject to approval of General Contractor,but failure of General Contractor to request such certificate or other evidence of Subcontractor compliance with insurance requirements,or failure of General Contractor to identify deficiencies from evidence that is provided,shall in no way limit or relieve Subcontractor of its obligations to maintain such insurance. 7. Sub-subcontractors. No work shall be sublet to any Sub-subcontractor without first obtaining the General Contractor's written permission. All Sub-subcontractors, once approved by the General Contractor, are subject to the same insurance requirements as Subcontractor.Subcontractor shall cause each Sub-subcontractor employed by Subcontractor to purchase and maintain such insurance. Upon request,Subcontractor shall furnish General Contractor with copies of certificates of insurance evidencing coverage for each Sub- subcontractor. Subcontractor shall voluntarily provide workers compensation coverage for proprietors,partners or others not statutorily required to maintain workers compensation insurance. 8. Leased Employees. Use of leased employees by Subcontractor is expressly prohibited without General Contractor's written permission.If permitted by General Contractor,Subcontractor shall: a. Provide General Contractor with a complete copy of its Agreement with the Leasing Company; b. Require that Leasing Company provide workers'compensation,employers liability and commercial general liability with coverage limits in amounts no less than Subcontractor insurance requirements for the same coverages. c. Require that Leasing Company provide Alternate Employer Endorsement naming General Contractor as alternate employer on Leasing Company's workers'compensation policy. d. Require that Leasing Company add General Contractor as an additional insured on its commercial general liability insurance policy,with primary/non-contributory wording. e. Require that Leasing Company provide waiver of subrogation in favor of General Contractor on both Leasing Company's workers'compensation and commercial general liability insurance policies. f. Provide General Contractor with a copy of the Leasing Company's certificate of insurance,with endorsements,evidencing the required coverage. 9. No Representation of Coverage Adequacy.In specifying minimum Subcontractor insurance requirements,General Contractor does not represent that such insurance is adequate to protect Subcontractor for loss,damage or liability arising from its work.Subcontractor is solely responsible to inform itself of types or amounts of insurance it may need beyond these requirements to protect itself. The insurance requirements set forth in minimum amounts shall not be construed to relieve Subcontractor for liability in excess of such coverage,nor shall it preclude General Contractor from taking such other actions as is available to it under any other provision of the Subcontract.To the extent Subcontractor maintains insurance greater than these minimum requirements,Subcontractor agrees that such insurance shall be applicable to any of Subcontractor's liability obligations hereunder. Any acceptance of certificates of insurance by General Contractor shall in no way limit or relieve Subcontractor of its duties and responsibilities under this Subcontract,including the duty to indemnify and hold harmless General Contractor. 10. Compliance.Failure of Subcontractor to maintain the required insurance shall constitute a default under this Subcontract and,at General Contractor's option,shall allow General Contractor to terminate this Subcontract for cause,withhold payment and/or purchase