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As used herein, CONTRACTOR refers to Eden App and SUBCONTRACTOR refers to you, the person agreeing the terms and conditions herein.
SUBCONTRACTOR is to secure, pay for, and file with the CONTRACTOR, prior to commencing any Work under this Agreement, all Certificates for Workers’ Compensation, Commercial General Liability, and such other insurance coverages as may be required by specifications and addenda thereto, in at least the following minimum amounts with specification amounts to prevail if greater than minimum amounts indicated. Notwithstanding any other provision of the Agreement, the SUBCONTRACTOR shall provide the minimum limits of liability insurance coverage as follows:
Minimum limits of insurance required of SUBCONTRACTOR or their sub-SUBCONTRACTORs, which shall be provided by an acceptable insurance carrier with a minimum AM Best carrier rating of “A- VII”:
CONTRACTOR shall be named as an Additional Insured, utilizing an ISO standard endorsement, on a Primary and Non-Contributory basis on all policies, except Workers’ Compensation and Professional Liability. The General Liability policy shall name CONTRACTOR as an Additional Insured utilizing an ISO standard endorsement at least as broad as CG 2010 07 04 and CG 2037 0704, (policy or endorsement will include coverage for “your work”, including ongoing operations as well as Products & Completed Operations).
Insurance to be maintained as shown on the Certificate of Insurance during the entire duration of work being performed on behalf of CONTRACTOR and for the duration of the Statute of Repose in the applicable state. Certificates are to provide a minimum of 30 days’ notice of cancellation or alteration.
Prior to commencing any Work under this Agreement, SUBCONTRACTOR shall furnish original Certificates of Insurance and copies of all applicable endorsements evidencing the aforementioned coverages to the CONTRACTOR. Such Certificates shall include Waiver of Subrogation clauses in favor of CONTRACTOR on all policies, including the Workers Compensation. SUBCONTRACTOR will maintain the aforementioned General Liability, Professional Liability, Pollution Liability, and Umbrella Liability insurance with coverage continuing in full force, including the Additional Insured status, for the duration of the Statute of Repose in the applicable state contracted herein. CONTRACTORS’s insurance shall be excess over any coverage provided to them as an Additional Insured under said SUBCONTRACTORs Additional Insured Endorsement Naming the CONTRACTOR.
Notwithstanding any other provision of this Agreement, the SUBCONTRACTOR shall maintain complete workers’ compensation coverage for each and every employee, principal, officer, representative, or agent of the SUBCONTRACTOR who is performing any labor, services, or material under the Agreement.
SUBCONTRACTOR will comply with any and all safety regulations required by any agency or regulatory body including but not limited to OSHA. SUBCONTRACTOR will notify CONTRACTOR immediately by telephone at (866) 776 - 3336 any accident or injury to anyone that occurs on the jobsite and is related to any of the work being performed by the SUBCONTRACTOR.
To the fullest extent permitted by law, the SUBCONTRACTOR expressly agrees to indemnify, defend, and hold harmless the CONTRACTOR, PROJECT OWNER, ARCHITECT, ENGINEER, and their respective officers, directors, agents, and employees, herein called the “indemnitees”, from any and all liability for damages, including, if allowed by law, reasonable attorney’s fees and court costs, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, to persons or property caused in whole or in part by any act, omission, or default by the SUBCONTRACTOR or its sub-SUB CONTRACTORs, materialmen, or agents of any tier or their employees, arising out of this Agreement or its performance, including any such damages caused in whole or in part by any act, omission, or default of any indemnitee, but specifically excluding any claims of, or damages against an indemnitee resulting from such indemnitee’s gross negligence, or the willful, wanton or intentional misconduct of such indemnitee or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the SUBCONTRACTOR or its sub-SUBCONTRACTORs, materialmen, or agents of any tier or their respective employees. Provided however that any claim for indemnification for damages caused in whole or in part by any act, omission or default by indemnitee(s) shall be limited to the amount of SUBCONTRACTOR’s insurance or $1,000,000 per occurrence, whichever is greater. The parties acknowledge that the amount of the indemnity required hereunder bears a reasonable commercial relationship to this Agreement and it is part of the project specifications or the bid documents, if any.
The indemnification obligations under this Agreement shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBCONTRACTOR under workers’ compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the SUBCONTRACTOR or of any third party to whom SUBCONTRACTOR may subcontract a part or all of the Work. This indemnification shall continue beyond the date of completion of the work.
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By proceeding, I agree that Edenapp or its representatives may contact me by email, phone, or SMS (including by automatic telephone dialing system) at the email address or number I provide, including for marketing purposes. I have read and understand the relevant Contractor Privacy Statement.
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