INDEMNIFICATION
-
Indemnification by Contractor. Contractor hereby releases and agrees to indemnify and hold harmless the BOR, its employees, officers, agents and representatives, the State of Georgia and its departments, agencies and instrumentalities (including the State Tort Claims Trust Fund, the State Authority Liability Trust Fund, The State Employee Broad Form Liability Funds, the State Insurance and Hazard Reserve Fund, and other self-insured funds, all such funds hereinafter collectively referred to as the "Funds") and their respective affiliates and agents and each of their current or former officers, directors, and employees (collectively, the “Indemnified Parties”) in individual and official capacities from and against any and all claims, demands, liabilities, losses, costs or expenses, and attorneys' fees, caused by, growing out of, or arising from this Contract, due to any act or omission on the part of Contractor or its Subcontractors, or any of their agents, employees, contract workers, customers, invitees, licensees or others working at any of their direction or on any of their behalf, or due to any breach of this Contract by Contractor, its Subcontractors or any of their agents, employees, contract workers, customers, invitees, licensees, or others working at any of their direction or on any of their behalf or due to the application or violation of any pertinent federal, State or local law, rule or regulation. This indemnification extends to the successors and assigns of Contractor, and this indemnification survives the termination of the Contract and the dissolution or, to the extent allowed by the law, the bankruptcy of Contractor.
The provisions of this Section shall govern all defenses against claims, indemnities against losses or expenses, and claims to entitlement to indemnity.
-
Reimbursement by Contractor. The Georgia Tort Claims Act will be the exclusive remedy for any loss or liability within its terms. Upon demand, however, Contractor will promptly reimburse the Funds for any payments made by them that are covered by Contractor’s obligation to indemnify.
-
Representation by Attorney General. Contractor acknowledges and agrees that the Attorney General of Georgia represents and defends the State, and his or her prerogative is not waived by this Contract. Any settlement of litigation on behalf of the State must be expressly approved by the Attorney General. Contractor may retain counsel to assist with the defense of the State.
-
Offset by the BOR. If Contractor is required to indemnify the BOR, the BOR may offset, against any payments subsequently due to Contractor from the BOR, any amount remaining unpaid under such indemnity.
-
Tort of the BOR. This indemnification applies even if a tort of the BOR is partially responsible for the situation giving rise to the claim, but not if a tort of the BOR is solely responsible. This indemnification does not extend beyond the scope of the Contract. This indemnification does not extend to claims by Contractor against the BOR for breach of default under this Contract.
-
Notice by the BOR. The BOR will give prompt notice to Contractor of any claim for indemnification; however, the BOR’s failure to provide Contractor prompt notice of a claim for indemnification will not relieve Contractor of its obligations under this Section except to the extent Contractor is prejudiced thereby.
-
Successors and Assigns. These indemnification, defenses, release, and hold harmless obligations extend to the successors and assigns of Contractor, and survive the termination or expiration of this Contract and the dissolution or, to the extent allowed by law, the bankruptcy of Contractor.
INSURANCE
Contractor shall, at a minimum, prior to the commencement of work, procure the insurance policies identified below at Contractor’s own cost and expense and shall furnish the BOR with proof of coverage at least in the amounts indicated. It shall be the responsibility of Contractor to require any subcontractor to secure the same insurance coverage as prescribed herein for Contractor, and to obtain a certificate evidencing that such insurance is in effect. In addition, Contractor shall indemnify and hold harmless the BOR and the State from any liability arising out of Contractor’s or subcontractor’s untimely failure in securing adequate insurance coverage as prescribed herein:
-
Professional Liability Insurance $3,000,000 per occurrence
-
Workers’ Compensation Insurance, the policy (ies) to insure the statutory limits established by the General Assembly of the State of Georgia. The Workers’ Compensation Policy must include Coverage B – Employer’s Liability Limits of:
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
$1,000,000 policy limits
Contractor shall require all subcontractors performing work under this Contract to obtain an insurance certificate showing proof of Worker’s Compensation Coverage.
-
Commercial General Liability Policy (ies) as follows:
Combined Single Limits: $1,000,000 per person
$3,000,000 per occurrence
The Commercial General Liability Policy must be on an “occurrence” basis.
-
Liability for property damage in the amount of $3,000,000 including contents coverage for all records maintained pursuant to this Contract.
-
Liability for property damage in the amount of $3,000,000 including contents coverage for all records maintained pursuant to this Contract
-
Errors and Omissions coverage in the amount of $10,000,000
Share with your friends: |
