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  2. Finance Committee - Agenda - 12/7/2016 - P81

Finance Committee - Agenda - 12/7/2016 - P81

By dnadmin on Mon, 11/07/2022 - 09:47
Document Date
Wed, 12/07/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/07/2016 - 00:00
Page Number
81
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120720…

Init.

responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s
fault or negligence in the use and handling of such materials or substances.

§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of
a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s
fault or negligence.

§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency
for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by
the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.

§ 10.4 EMERGENCIES

In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to
prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor
on account of an emergency shall be determined as provided in Article 15 and Article 7.

ARTICLE 11 INSURANCE AND BONDS
§ 11.1 CONTRACTOR'S LIABILITY INSURANCE
§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims
set forth below which may arise out of or result from the Contractor’s operations and completed operations under
the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by
a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them may be liable:
‘1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts that
are applicable to the Work to be performed;
.2_ Claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor’s employees;
3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than
the Contractor’s employees;
4 Claims for damages insured by usual personal injury liability coverage;
5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
-6 Claims for damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle;
1 Claims for bodily injury or property damage arising out of completed operations; and
8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under
Section 3.18.

§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the
Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an
occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the
Work until the date of final payment and termination of any coverage required to be maintained after final payment,
and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction
of Work or for such other period for maintenance of completed operations coverage as specified in the Contract
Documents.

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner 10 days prior to
commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These
certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded
under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given
to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for
completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and
thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2.
Information concerning reduction of coverage on account of revised limits or claims paid under the General
Aggregate, or both, shall be furnished by the Contractor with reasonable promptness.

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Finance Committee - Agenda - 12/7/2016 - P81

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