Common use of Insurances to be Clause in Contracts

Insurances to be. taken out by Consultant (a) The Consultant shall have and maintain in effect with reputable insurers and in sufficient amounts, insurance against all of the Consultant’s risks under the Contract (including, but not limited to, the risk of claims arising out of or related to the Consultant’s performance of the Contract), including the following: (i) Insurance against all claims arising from any damage to property or death and personal injury arising from or in connection with the Consultant’s performance under the Contract with a limit of indemnity no less than that stated in the Particular Conditions; (ii) All appropriate workers’ or employees’ compensation and employer’s liability insurance, or its equivalent, with respect to its employees required by any applicable law and to cover any claims by employees arising from the performance of the Contract; (iii) Professional indemnity insurance against all claims arising out of the Consultant’s negligence under or in connection with the Contract with a limit of indemnity no less than that stated in the Particular Conditions; and (iv) Such other insurance as may be agreed upon in writing between UNICEF and the Consultant. (b) The Consultant shall: (i) maintain the insurance coverage referred to in clause 9.1(a)(i)-(ii) above during the term of the Contract; and (ii) maintain the insurance coverage referred to in clause 9.1(a)(iii) for so long as the Consultant continues to be liable under or in connection with this Contract. (c) The Consultant shall be responsible for funding all amounts within any policy deductible or retention. (d) Except with regard to the insurance referred to in sub-paragraph (a)(ii) and (a)(iii) above, the insurance policies required under this clause 9.1 shall (i) name UNICEF as an additional insured; (ii) include a waiver by the insurer of any subrogation rights against UNICEF; and (iii) provide that UNICEF shall receive thirty (30) days’ written notice from the insurer prior to any cancellation or change of coverage. (e) The Consultant shall, upon request from time to time, provide UNICEF with satisfactory evidence of the insurance required under this clause 9.1. (f) Compliance with the insurance requirements of the Contract shall not limit the Consultant’s liability either under the Contract or otherwise. The Consultant shall notify UNICEF if it is unable to take out or maintain any of the insurance required by this clause 9.1. (g) If the Consultant fails to provide the insurance required under clause 9.1 and/or fails to provide satisfactory evidence in accordance with clause 9.1(e) no further sums shall become due or payable to the Consultant under or in connection with this Contract without prejudice to the Consultant’s obligations under this Contract.

Appears in 3 contracts

Sources: Engineering Services Agreement, Engineering Services Agreement, Engineering Services Agreement