Common use of Errors and Omissions Liability Clause in Contracts

Errors and Omissions Liability. covering the liability for financial loss due to error, omission of Supplier, including network security liability and breach of privacy, in an amount of at least $5 million (applicable to technology suppliers, engineering, architectural or design services and/or professional services suppliers, or any supplier who will have direct access to Buyer networks). If any of the services includes engineering or design services or other services performed by a licensed professional, then Professional Errors and Omissions Liability with limits of liability of not less than $5 million each claim and $10 million in the aggregate; and if Supplier brings onto Buyer's (or Buyer’s customer’s) premises any solid, liquid, gaseous or thermal irritant, contaminant or hazardous or toxic substance, then Pollution Liability or Environmental Liability with limits of liability of not less than $5 million per occurrence covering liability for bodily injury and property damage arising from the release, discharge, escape, dispersal or emission of pollutants, whether gradual or sudden, and includes coverage for the costs and expense associated with clean-up, testing, monitoring and treatment of the pollutants. All insurance required above will be written with insurers rated A or better by the latest “A.M. Best” Guide. Where allowable under law, a waiver of subrogation from Supplier (including affiliates, directors and officers) and its insurers will be provided in favor of Buyer. All policies, with the exception of Workers’ Compensation, will identify Buyer as an additional insured and require that Buyer receive at least thirty (30) days’ notice prior to cancellation or termination. Supplier’s insurance will be primary and noncontributory to that maintained by ▇▇▇▇▇. All self-insured retentions and deductibles for such insurance shall be the responsibility of Supplier. The insurance coverages under this Section 12(c), including, without limitation, the additional insured coverage provided to Buyer, shall be independent of the indemnity obligations of the Purchase Agreement, and are not designed solely to guarantee payment of Supplier’s indemnity obligations. Supplier shall, at the request of Buyer, provide Buyer with certificates of insurance, satisfactory to Buyer, of the insurance coverages and endorsements set forth in this section. Supplier’s insurance coverage will not be Buyer’s exclusive remedy; instead, Buyer will be entitled to all remedies available to it under equity or the law. Insurance will not be deemed effective until satisfactory certificates thereof and required endorsements are delivered to Buyer, containing provisions requiring the insurance carrier to notify Buyer at least thirty (30) days prior to any expiration or termination of, or material change to, the policy. Supplier will also require insurance from all of its subcontractors with the same coverages and limits.

Errors and Omissions Liability. Insurance covering the liability for financial loss due to error, omission of SupplierSeller, including network security liability and breach of privacy, in an amount of at least $5 million 5,000,000 (applicable to technology suppliers, engineering, architectural or design services suppliers and/or professional services suppliers, or any supplier who will have direct access to Buyer networks). If any of the services includes engineering or design services or other services performed by a licensed professional, then Professional Errors and Omissions Liability with limits of liability of not less than $5 million each claim and $10 million in the aggregate; and if Supplier brings onto Buyer's (or Buyer’s customer’s) premises any solid, liquid, gaseous or thermal irritant, contaminant or hazardous or toxic substance, then Pollution Liability or Environmental Liability with limits of liability of not less than $5 million per occurrence covering liability for bodily injury and property damage arising from the release, discharge, escape, dispersal or emission of pollutants, whether gradual or sudden, and includes coverage for the costs and expense associated with clean-up, testing, monitoring and treatment of the pollutants. All insurance required above will be written with insurers rated A or better by the latest “A.M. Best” Guide. Where allowable under law, a waiver of subrogation from Supplier Seller (including affiliates, directors and officers) and its insurers will be provided in favor of Buyer. All If applicable, all policies, with the exception of Workers’ Compensationworkers compensation, will identify Buyer as an additional insured and require that the Buyer receive at least thirty (30) days’ notice prior to cancellation or termination. SupplierSeller’s insurance will be primary and noncontributory to that maintained by ▇▇▇▇▇. Such insurance shall not be subject to any self-insured retentions without the prior written consent of Buyer. All self-insured retentions and deductibles for such insurance shall be the responsibility of SupplierSeller. The insurance coverages under this Section 12(c)section, including, without limitation, the additional insured coverage provided to Buyer, shall be independent of the indemnity obligations of the Purchase Agreement, and are not designed solely to guarantee payment of SupplierSeller’s indemnity obligations. Supplier Seller shall, at the request of Buyer, provide Buyer with certificates copies of insuranceall policies and/or a certificate, satisfactory to Buyer, of the insurance coverages and endorsements set forth in this sectionsection and shall specify all self-insured retentions. SupplierSeller’s insurance coverage will not be Buyer’s exclusive remedy; instead, instead Buyer will be entitled to all remedies available to it under equity or the law. Insurance No insurance will not be deemed effective to be in effect until satisfactory certificates thereof and required endorsements are delivered to Buyer, containing provisions requiring the insurance carrier to notify Buyer at least thirty (30) days prior to any expiration or termination of, or material change to, the policy. Supplier In addition, all such policies shall name Buyer as an additional insured, specifically insure Buyer for its own negligence and other culpable conduct and contain a waiver of subrogation against ▇▇▇▇▇. Seller will also require insurance from all of its subcontractors with the same coverages and limits.

Errors and Omissions Liability. Insurance covering the liability for financial loss due to error, omission of SupplierService Provider, including network security liability and breach of privacy, in an amount of at least $5 million EUR5,000,000 (applicable to technology Technology suppliers and/or Professional Services suppliers, engineering, architectural or design services and/or professional services suppliers, or any supplier who will have direct access to Buyer networks). If any of the services includes engineering or design services or other services performed by a licensed professional, then Professional Errors and Omissions Liability with limits of liability of not less than $5 million each claim and $10 million in the aggregate; and if Supplier brings onto Buyer's (or Buyer’s customer’s) premises any solid, liquid, gaseous or thermal irritant, contaminant or hazardous or toxic substance, then Pollution Liability or Environmental Liability with limits of liability of not less than $5 million per occurrence covering liability for bodily injury and property damage arising from the release, discharge, escape, dispersal or emission of pollutants, whether gradual or sudden, and includes coverage for the costs and expense associated with clean-up, testing, monitoring and treatment of the pollutants. All insurance required above will be written with insurers rated A or better by the latest “A.M. Best” Guide. Where allowable under law, a waiver of subrogation from Supplier (including affiliates, directors and officers) and its insurers will be provided in favor of Buyer. All If applicable, all policies, with the exception of Workers’ Workers Compensation, will identify Buyer as an additional insured and require that the Buyer receive at least thirty (30) days’ notice prior to cancellation or termination. Supplier’s insurance will be primary and noncontributory to that maintained by ▇▇▇▇▇Buyer. Such insurance shall not be subject to any self-insured retentions without the prior written consent of Buyer. All self-insured retentions and deductibles for such insurance shall be the responsibility of Supplier. The insurance coverages under this Section 12(c)section, including, without limitation, the additional insured coverage provided to Buyer, shall be independent of the indemnity obligations of the Purchase Agreement, and are not designed solely to guarantee payment of Supplier’s indemnity obligations. Supplier shall, at the request of Buyer, provide Buyer with certificates copies of insuranceall policies and/or a certificate, satisfactory to Buyer, of the insurance coverages and endorsements set forth in this sectionsection and shall specify all self-insured retentions. Supplier’s insurance coverage will not be Buyer’s exclusive remedy; instead, instead Buyer will be entitled to all remedies available to it under equity or the law. Insurance No insurance will not be deemed effective to be in effect until satisfactory certificates thereof and required endorsements are delivered to Buyer, containing provisions requiring the insurance carrier to notify Buyer at least thirty (30) days prior to any expiration or termination of, or material change to, the policy. Supplier In addition, all such policies shall name Buyer as an additional insured, specifically insure Buyer for its own negligence and other culpable conduct and contain a waiver of subrogation against Buyer. Seller will also require insurance from all of its subcontractors with the same coverages and limits.