4.
INSURANCE AND INDEMNIFICATION. Contractor shall carry and maintain in effect during the
performance of services under this contract:
* General Liability insurance, including food product liability, in the amount of
$1,000,000 per occurrence; $2,000,000 aggregate;
= $1,000,000 Combined Single Limit Automobile Liability; and
" Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.
Contractor 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 Contractor are intended to and shall not in any manner limit or qualify
the liabilities and obligations assumed by Contractor under this contract. The City of
Nashua shall not maintain any insurance on behalf of Contractor. Subcontractors are subject
to the same insurance requirements as Contractor and it shall be the Contractor’s
responsibility to ensure compliance of this requirement.
The parties agree that Contractor shall have the status of and shall perform all work under
this contract as an independent contractor, maintaining control over all its consultants, sub
consultants, contractors, or subcontractors. The only contractual relationship created by this
contract is between the City and Contractor, and nothing in this contract shall create any
contractual relationship between the City and Contractor’s consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Contractor is not a City employee
and that there shall be no:
(1) Withholding of income taxes by the City:
(2) Industrial insurance coverage provided by the City;
(3) Participation in group insurance plans which may be available to employees of the
City;
(4) Participation or contributions by either the Contractor or the City to the public
employee’s retirement system;
(5) Accumulation of vacation leave or sick leave provided by the City;
(6) Unemployment compensation coverage provided by the City.
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, Employers’
Liability and Auto Liability policies must name the City of Nashua as an additional
insured and reflect as such on the certificate of insurance. All policies shall contain a waiver
of subrogation in favor of the City of Nashua and its officers, directors, employees,
volunteers and agents. 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.
CONCESSION RIGHTS — STELLOS STADIUM PAGE 3 of 6
