FOR CALENDAR YEAR JANUARY 1, 2007 THRU DECEMBER 31, 2007 – ALL JOBS- ALL LOCATIONS

Please note that all contracts, purchase orders, or proceed orders issued to you from this date forward are deemed to include the following insurance requirements and indemnification:

Before commencing work, the subcontractor shall procure and maintain insurance from companies licensed in the State of New York, or otherwise acceptable to the contractor, at his own expense, until completion and final acceptance of the work with not less than the following limits and coverages:

  1. Comprehensive General Liability (occurrence form) with a combined single limit for bodily

injury, personal injury, and property damage of at least $2,000,000 per occurrence and

$2,000,000 aggregate. This limit requirement may be satisfied through a combination of

primary and Umbrella Liability policies.

Such General Liability coverage to include:

  1. Premises/Operation coverage.
  2. Independent Contractors coverage.
  3. Products/Completed Operations coverage for a period of at least 2 years after completion of the work.
  4. Blanket Contractual Liability coverage.
  5. Broad Form Property Damage coverage.
  6. Personal Injury coverage.
  7. General Liability policy to be endorsed to name Harbour Technical Services, Inc & Harbour Mechanical Corp. as an additional insured’s on a primary basis.
  8. Per Project Aggregate Endorsement.

Any special exclusions not found within the standard unendorsed Comprehensive General Liability form must be approved by Harbour Technical Services, Inc & Harbour Mechanical Corp.

Policy must contain Property Damage Liability coverage for explosion, collapse and underground hazards where applicable.

  1. Comprehensive Automobile Liability policy. This policy shall cover all owned, non-owned,

leased, and hired vehicles with a combined single limit for bodily injury and property damage of at least $2,000,000. This limit requirement may be satisfied through a combination of primary and umbrella policies.

  1. Workers Compensation and Employer’s Liability coverage. The Employer’s Liability

insurance shall provide a minimum limit of $500,000.

  1. Disability Benefits Liability policy covering all employees.

5.All insurance requirements provided under this agreement shall apply equally to all

subcontractors employed by the contractor. It is the obligation of the Subcontractor to be

certain that all Subcontractors are in compliance.

  1. INDEMNIFICATION

To the fullest extent permitted by law, the Subcontractor agrees to indemnify, defend and hold

harmless the Contractor (insert any additional parties), their officers, directors, agents, employees and partners (hereafter collectively “indemnities”) from any and all claims, suits,

damages, liabilities, professional fees, including attorney’s fees, costs, court costs, expenses

and disbursements related to death, personal injuries or property damage (including loss of use thereof) brought or assumed against any of the indemnities by any person or firm, arising out of or in connection with or as a consequence of the performance of the Work of the

Subcontractor under this agreement (contract), as well as any additional work, extra work, or

add-on work, whether caused in whole of part by the Subcontractor including any

subcontractors therefore and their employees. The parties expressly agree that this

indemnification agreement contemplates: 1) full indemnity in the event liability is imposed

against the Indemnities without negligence and solely by reason of stature, operation of law or

otherwise; and 2) partial indemnity in the event of any actual negligence on the part of the

indemnities either causing or contributing to the underlying claim in which case,

indemnification will be limited to any liability imposed over and above the percentage

attributable to actual fault whether by statute by operation of law, or otherwise. Where partial

indemnity is provided under this agreement, costs, professional fees., attorney’s fees,

expenses, disbursements, etc. shall be indemnified on a pro rata basis. Indemnification under

this paragraph shall operate whether or not subcontractor has placed and maintained the

insurance specified. Recovery of attorney’s fees, costs, court costs, expenses and

disbursements hereunder shall include all those attorney’s fee, costs, court costs, expenses and

disbursements incurred in the defense of the underlying claim, in the enforcement of this

agreement, in the prosecution of any claim for indemnification hereunder, and in pursuit of

any claim for insurance coverage required.

6A.In claims against any person or entity indemnified under this Paragraph 6A by an employee of

the Subcontractor, anyone directly or indirectly employed by Subcontractor or anyone for

whose acts they may be liable, the indemnification obligation under this Paragraph 6A shall

not be limited by a limitation on amount or type of damages, compensation or benefits

payable by or for Subcontractor under workers’ or workmen’s compensation acts, disability

benefits acts or other employee acts.

6B.The obligations of the Subcontractor under this Paragraph 6B shall not extend to the liability

of the Architect, the Architect’s consultants, and agents and employees of any of them arising

out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change

Orders, designs or specifications, or (2) the giving of or failure to give directions or

instructions by the Architect, the Architect’s consultants, agents and employees of any of

them provided such giving or failure to give is the primary cause of the injury or damage.

In addition to this agreement, subcontractor will also be required to comply with the insurance requirements, if any of each specific job.

All policies shall be evidenced by Certificate of Insurance designation Harbour Technical Services, Inc & Harbour Mechanical Corp. as certificate holders and requiring 30 days prior written notice of cancellation.

This agreement replaces all previous agreements signed with our company.

Please sign to indicate your acceptance and return one copy of this agreement for our records.

COMPANY NAME:______DATE:______

SIGNATURE:______TITLE:______

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