indemnity and hold harmless obligations, or portions thereof, shall not apply to liability caused by the
negligence or willful misconduct of the party indemnified or held harmless.
insurance: Service Provider shall carry and maintain in effect during the performance of services under
this contract:
e General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;
6 $1,000,000 Combined Single Limit Automobile Liability;
o *Coverage must include all owned, non-owned and hired vehicles.
@ $1,000,000 Profession Liability;
® and Workers' Compensation Coverage in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$100,000.
Service Provider shall maintain in effect at all times during the performance under this contract all
specified insurance coverage with insurers. None of the requirements as to types and limits to be
maintained by Service Provider are intended to and shail not in any manner limit or qualify the liabilities
and obligations assumed by Service Provider under this contract. The City of Nashua shall not maintain
any insurance on behalf of Service Provider. Subcontractors are subject to the same insurance
requirements as Service Provider and it shall be the Service Provider's responsibility to ensure compliance
of this requirement.
Service Provider 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 of
coverage. The certificates and endorsements for each insurance policy must be signed by a person
authorized by the insurer and who is authorized 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. Service Provider 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 above $100,000.00 shall be fully disclosed in the
certificate(s) of insurance.
# lf aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Service
Provider must maintain umbrelia 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 Service Provider of its responsibilities or limit the
amount of its liability to the City or other persons, and Service Provider 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.
Service Provider is responsible for and required to remedy all damage or loss to any property, including
property of the City, to the extent caused by Service Provider or anyone employed, directed, or
supervised by Service Provider.
Applicable Law: This letter agreement, engagement and any cause of action arising hereunder or
related hereto shail be governed by and construed and enforced in accordance with the laws of the
State of New Hampshire without regard to its conflicts of laws principles. We and you agree that the
courts of the State of New Hampshire shail have exclusive jurisdiction with respect to any disputes,
claims or causes of action arising under or in connection with this letter agreement.
HOOKER ® HOLCOMBE | HHCONSULTANTS.COM PAGE 3
