Common use of Terms of Coverage Clause in Contracts

Terms of Coverage. 18.3.1 All insurance coverage required herein will provide primary coverage, without contribution from other insurance, for all losses and damages caused by the perils or causes of loss covered thereby. The Supplier agrees to have included in each of the insurance policies required herein a waiver of the insurer’s rights of subrogation against VITA, any other indemnified parties under this Agreement, and their respective insurers. VITA, the other Customers, and their officers and directors will be added by endorsement or included under a blanket additional insured endorsement as additional insureds on a primary and non-contributory basis. 18.3.2 The Supplier will be responsible for all deductibles and retentions with regard to the above-described insurance. Each policy described in Section 18.2 (Types and Amounts of Coverage) will include provisions generally considered standard (according to the U.S. Insurance Services Office standard forms) for the type of insurance involved, including the loss payable (as applicable above) and waiver of subrogation clauses and deductible and/or self-insured retention amounts. To the extent any coverage is written on a claims-made basis, it will have a retroactive date no later than the Effective Date of this Agreement and, notwithstanding the termination or expiration of this Agreement, will allow for reporting of claims until the applicable limitation of actions period has expired, either directly or through ‘tail’ coverage for a period not less than six years after termination or expiration of this Agreement. 18.3.3 Within 30 days after the execution date of this Agreement or any required insurance policy, or the date of any new or renewed policy, and from time to time during the Term upon VITA’s request, the Supplier will furnish VITA with a current certificate of insurance showing coverage in at least the amounts required by Section 18.2 (Types and Amounts of Coverage). If requested by VITA, the Supplier will also furnish a copy of the applicable insurance policy to VITA. Certificates of insurance for the coverages set forth in Section 18.2 (Types and Amounts of Coverage) will reflect evidence each coverage is maintained for the Supplier and the Supplier’s ultimate corporate parent if other than the Supplier. Such certificates of insurance will include evidence of VITA’s additional insured and loss payee status on the policies for which such status is required as set forth in Section 18.2 (Types and Amounts of Coverage).

Terms of Coverage. 18.3.1 All (a) The insurance coverages described above, will be primary, and all coverage required herein will provide primary coverage, without contribution from other insurance, for all losses and damages caused by the perils or causes of loss covered thereby. The Supplier agrees be non-contributing with respect to have included in each of the insurance policies required herein a waiver of the insurer’s rights of subrogation against VITA, any other indemnified parties under this Agreement, and their respective insurers. VITA, the other Customers, and their officers and directors will insurance or self-insurance that may be added maintained by endorsement or included under a blanket additional insured endorsement as additional insureds on a primary and nonTriple-contributory basis. 18.3.2 The S. Supplier will be responsible for all deductibles and retentions with regard to the above-described such insurance. Each policy The General Liability, Auto Liability, Workers Compensation and Umbrella Liability coverages described in Section 18.2 (Types and Amounts of Coverage) above will include provisions generally considered standard (according to the U.S. Insurance Services Office standard forms) for the type of insurance involved, including the loss payable (as applicable above) and a waiver of subrogation clauses and deductible and/or self-insured retention amountssubrogation. To the extent any coverage of the coverages set forth in Section 22.2 is written on a claims-made basis, it will (i) such coverage shall have a retroactive date no later than the Effective Date of this Agreement and, notwithstanding Date; and (ii) such coverage shall continue for three (3) years after the termination or expiration of this the Agreement, and if the policy is terminated, then it will allow for an extended reporting period of claims until the applicable limitation of actions period has expired, either directly or through ‘tail’ coverage for a period not less than six years after termination or expiration of this Agreementat least three (3) years. 18.3.3 Within 30 days after (b) Supplier will cause its insurance representatives to issue certificates of insurance evidencing that the execution date of coverages required under this Agreement or any required insurance policy, or are maintained in force. With the date exception of any new or renewed policy, and from time to time during the Term upon VITA’s requestwholly owned captive, the insurers selected by Supplier will furnish VITA have an A.M. Best rating of A-, Financial Size Category (FSC) X or better, or, if such ratings are no longer available, with a current certificate of comparable rating from a recognized insurance showing coverage in rating agency. Supplier shall provide Triple-S with at least the amounts required by Section 18.2 thirty (Types and Amounts 30) days’ notice of Coverage). If requested by VITA, the Supplier will also furnish a copy any cancellation or material changes to any of the applicable insurance policy to VITA. Certificates of insurance for the coverages set forth in this Section 18.2 22 (Types and Amounts Insurance). (c) In the case of Coverage) loss or damage or other event that requires notice or other action under the terms of any insurance coverage described above, Supplier will reflect evidence each coverage is maintained be solely responsible for the taking such action. Supplier and the will use Commercially Reasonable Efforts to notify Triple-S of any claim submitted to Supplier’s ultimate corporate parent if insurers regarding a loss, damage or other than event resulting from the Services. (d) The Parties do not intend to shift all risk of loss to insurance. Supplier’s obligation to maintain insurance coverage in specified amounts will not act as a limitation on any other liability or obligation which Supplier would otherwise have under this Agreement. Such certificates Similarly, the including of Triple-S and its Affiliates as additional insureds is not intended to be a limitation of Supplier’s liability under this Agreement and will in no event be deemed to, or serve to, limit Supplier’s liability to Triple-S to available insurance will include evidence of VITAcoverage or to the policy limits specified in this Section 22, nor to limit Triple-S’s additional insured rights to exercise any and loss payee status on the policies for which such status is required as set forth all remedies available to Triple-S under this Agreement, at law or in Section 18.2 (Types and Amounts of Coverage)equity.