limits to be maintained by Lighting Contractor are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Lighting Contractor under this
contract. The City of Nashua shall not maintain any insurance on behalf of Lighting Contractor.
Subcontractors are subject to the same insurance requirements as Lighting Contractor and it shall
be the Lighting Contractor’s responsibility to ensure compliance of this requirement.
Lighting Contractor will provide the City of Nashua with certificates of insurance for coverage
as listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City issues the notice of award. The City of Nashua requires thirty days written
notice of cancellation or material change in coverage. The certificates and endorsements for
each insurance policy must be signed by a person authorized by the insurer and who is licensed
by the State of New Hampshire. General Liability, and Auto Liability policies must name
the City of Nashua _as_an_ additional insured and reflect on the certificate of
insurance. Lighting Contractor is responsible for filing updated certificates of insurance with the
City of Nashua's Risk Management Department during the life of the contract.
« All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
= If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage,. Lighting Contractor must maintain umbrella liability insurance of at: least
$1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.
« The specified insurance requirements do not relieve Lighting Contractor of its
responsibilities or limit the amount of its liability to the City or other persons, and
Lighting Contractor is encouraged to purchase such additional insurance, as it deems
necessary.
* The insurance provided herein is primary, and no insurance held or owned by the City of
Nashua shall be called upon to contribute to a loss.
« Lighting Contractor is responsible for and required to remedy all damage or loss to any
property, including property of the City, caused in whole or part by Lighting Contractor
or anyone employed, directed, or supervised by Lighting Contractor.
12. INDEMNIFICATION Regardless of any coverage provided by any insurance, Lighting
Contractor agrees to indemnify and shall defend and hold harmless the City, its agents, officials,
employees and authorized representatives and their employees from and against any and all suits, :
causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages,
liabilities, interest, attorney's fees, costs and expenses of any kind or nature in any manner
caused, occasioned, or contributed to in whole or in part by reason of any negligent act,
omission, or fault or willful misconduct, whether active or passive, of Lighting Contractor or of
anyone acting under its direction or control or on its behalf in connection with or incidental to
the performance of this contract. Lighting Contractor’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the sole negligence or
__.__willful.misconduct.of the party. indemnified. or-held-harmless.
13. FISCAL CONTINGENCY. All payments under this contract are contingent upon the
availability to the City of the necessary funds. This contract shall terminate and the City's
obligations under it shall be extinguished at the end of any fiscal year in which the City fails to
appropriate monies for the ensuing fiscal year sufficient for the performance of this contract.
4.8
GC B of 13
