injury to or destruction of tangible personal property, or to failures of the Work, including the
loss of use resulting therefrom, and is caused, in whole or in part, by any negligent act, error
or omission of ESCO, any consultant or associate thereof, anyone directly or indirectly
employed by ESCO. ESCO shall submit a Certificate of Insurance and policy endorsement
verifying said coverage upon execution of this Agreement and also any notices of renewals
of such policy as they occur.
8.6 Environmental Impairment Liability Insurance
ESCO shall maintain in full force and effect, at ESCO’s expense, a Sudden & Accidental
Environmental Impairment Liability Insurance Policy in the amount of $1,000,000 minimum
coverage unless comparable coverage is provided pursuant to the policy requiredin Section
8.05. The policy shall remain in effect for the duration of the applicable statute of limitations
for claims against construction professionals.
ESCO shall be responsible for all claims, damages, losses or expenses, including attomeys
fees, arising out of or resulting from the cleanup, removal, and handling of hazardous
materials contemplated by this Contract and is caused, in whole or in part, by any negligent
act, error or omission of ESCO, any consultant or associate thereof, anyone directly or
indirectly employed by ESCO. ESCO shall submit a Certificate of Insurance and policy
endorsement verifying said coverage upon execution of this Agreement and also any
notices of renewals of such policy as they occur.
8.7 Customer as Additional Insured
The Customer shall be named as additional insured on ESCO’s Liability Policies.
8.8 Certificates of Insurance, Policies
Certificates of insurance and policy endorsements, acceptable to the Customer, shall be
submitted to the Customer upon the execution of this Contract and shall be renewed upon
expiration of the policies. Certificates shall indicate that the coverage required bysection
8.01 through 8.06 is in effect. If the Customer is damaged by ESCO’s failure to maintain
such insurance, then ESCO shall be responsible for all reasonable costs or damages
attributable thereto. Certificates shall note the thirty (30) day cancellation notice requirement
of Section 8.09. All policies shall be issued by companies authorized to write that type of
insurance under the laws of the State of New Hampshire. Any and all deductibles and self-
insured retention contained in any insurance policy shall be assumed by and at the risk of
ESCO.
8.9 Cancellation
Customer shall be provided notice of cancellation at least thirty (30) days prior to the
effective date thereof for any insurance policy required of ESCO by this Contract.
8.10 Bonds
ESCO shall provide the Customer with payment and performance bonds and unless waived
by Customer pursuant to Section 6.05, so called, to cover the full term and value of the
Contract and issued by a regulated financial institution wth a Best Rating of not less than A,
or a comparable rating from a recognized financial rating firm, as follows:
26 ESCO Contract — Nashua Schools & EEI, Inc.
