Insurance Indemnification Wording
For Standard RFP and Contracts
The supplier shall hold harmless, defend and indemnify the University of Utah and it's officers, employees and agents from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorney's fees because of bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (a) performance or breach of this contract by Supplier, (b) Supplier's use of University premises, or (c) any act, error, or omission on the part of the Supplier, or its agents, employees, invitees, participants or subcontractors except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the University of Utah, its officers, employees or agents.
Supplier shall maintain Commercial General Liability insurance with per occurrence limits of not less than $1,000,000 and general aggregate limits of not less than $2,000,000. Supplier shall also maintain, if applicable to Supplier's operations or performance of this contract, Cyber Liability, Professional Liability (Errors & Omissions) - including Technology, Liquor Liability, Aircraft Liability, Pollution Liability and/or Business Automobile Liability insurance covering Supplier's owned, non-owned and hired motor vehicles with liability limits of not less than $1,000,000 per occurrence. Such insurance policies shall be endorsed to be primary and not contributing to any other insurance maintained by the University.
The Supplier shall maintain worker's compensation and employer's liability for its employees involved in performing services pursuant to this Contract. Supplier shall also maintain “special form ” property insurance at replacement cost applicable to Supplier's property or its equipment and that contains a waiver of subrogation endorsement in favor of the University.
The Supplier's insurance carriers and policy provisions must be acceptable to the University's Risk and Insurance Manager and remain in effect for the duration of the Contract. The University of Utah shall be named as an additional insured on the Commercial General Liability, and if applicable, Aircraft Liability and Liquor Liability insurance policy by endorsement. Supplier will cause any of its subcontractors, who provide materials or perform services relative to this contract, to also maintain the insurance coverages and provisions listed above.
The Supplier shall submit certificates of insurance as evidence of the above required insurance to the University contact designated in this Contract prior to the commencement of this Contract. Such insurance certificates shall indicate that the University will be given thirty (30) calendar days written notice prior to the cancellation of coverage. Supplier shall indemnify and hold the University of Utah harmless from any claims which may arise as a result of supplier's failure to maintain or provide evidence of the insurance coverages required herein.