5.5a ERMUSR 02-13-2024 - Laserfiche WebLink

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Comprehensive Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence covering ALLEGIANT UTILITY SERVICES, LLC.'s owned, hired, or non -owned vehicles. 4. General Liability Excess Endorsement (with coverage at least as broad as the underlying coverage) with minimum limits of not less than TEN MILLION DOLLARS ($10,000,000) per occurrence, including a "drop down" provision should an aggregate limit be exhausted. Utility shall be included on the public liability and property damage insurance and on the comprehensive general business liability insurance as an additional named insured with a waiver of subrogation. Contractor shall furnish a Certificate of Insurance and a copy of the endorsement of additional insured to Utility showing the above obligations and requirements are provided for by a qualified insurance carrier and showing Utility as an additional named insured with a waiver of subrogation on such insurance. Contractor shall maintain such coverages in full force and effect at all times during the continuance of this Agreement and shall provide notice to Utility of any change in insurance, including cancellation, at least thirty (30) days prior to the effective date of such change or cancellation. Utility shall have the right, but no obligation, at any time to review the original of any policy held by the Contractor to ascertain coverage and amounts. 1.12Assumption of Risk and Indemnif%Cation: The Contractor shall perform the work at its own risk and assumes all responsibility for the condition of their vehicles and supplies used on job sites. The Contractor shall indemnify, defend and hold harmless Utility and its directors, officers, agents, and employees (collectively the "Indemnitees") from any claim, demand, loss, liability, and/or damage, of whatsoever nature or kind, including those brought by employees or agents of Contractor or subcontractors, if any, arising in any way out of or as a result of any act or omission of the Contractor negligence, willful misconduct, or breach of law of the Contractor, its agents, employees, Subcontractors, and suppliers, in connection with the performance of the Contractor's work pursuant to this Agreement, by Contractor, its employees, agents, or subcontractors, and Contractor agrees to defend the Utility and the Indemnitees, and to pay all costs including attorneys' fees and expenses incurred by the Utility in defending such claims. In the event of joint or concurrent negligence of Contractor and the Indemnitees Contractor's indemnification obligation hereunder shall be limited to its allocable share of such negligence attributed to it. 1.1,E NoAUthor%ty to BindUtility. Contractor has no authority to enter into contracts or agreements on behalf of Utility. This Agreement does not create a partnership between the Parties. 1.14 Term of this Agreement and Termination: This Agreement is effective as of the date signed by both Parties and shall continue in effect until completion of the project. 1.1.5 Time is of the Essence. Time is of the essence of this Agreement. 134