Master Agreement For Transportation By Motor Carrier (Page 9 of 16) in pdf

performed, and who are rated by AM Best as A- or better with a size rating of VII or better. Upon

execution of this Agreement and before commencing any Services, Carrier shall provide

ArcelorMittal with certificates of insurance evidencing all required Insurance, listing all named

insureds and additional insureds, and confirming the required waiver of subrogation.

The

certificates shall state that the policies described therein will not be cancelled, terminated, or

materially amended, and renewals will not be refused or aggregate limits potentially exhausted

until at least thirty (30) days after written notice has been given to ArcelorMittal. All certificates

of insurance shall be sent to the attention of ArcelorMittal’s Manager for Risk Management and

Insurance, ArcelorMittal USA Inc., 3210 Watling Street, Mail Code 8-216, East Chicago, IN 46312-

1716. Upon request by ArcelorMittal, Carrier shall deposit, and shall cause each Subcontractor, if

any, to deposit, with the ArcelorMittal true and complete copies of the original policies of

insurance, including all riders and endorsements thereto, and bearing notations or accompanied by

other evidence satisfactory to ArcelorMittal of the payment of premiums. Thereafter, Carrier shall

deposit with ArcelorMittal certificates of renewal not less than ten (10) days before the expiration

dates of the expiring policies.

Each policy of insurance shall not contain any exclusions for

Services performed by subcontractors and must incorporate any additional endorsements as

ArcelorMittal may reasonably request.

(e)

Carrier shall notify ArcelorMittal and the applicable insurance carriers of any occurrence

or event giving rise to a claim as required under the terms of the policies.

(g)

Failure of the Carrier to provide such certificates evidencing the Insurance shall under no

circumstances be deemed a waiver of this requirement. The obligation of Carrier to provide the

Insurance shall not limit in any way the liability or obligation assumed by Carrier under the

Agreement. Failure to maintain the Insurance coverage may result in the cancellation of this

Agreement and may result in removal of Carrier vendor number. Carrier shall cause each of its

subcontractors that enters onto any real property of any of the ArcelorMittal Companies to obtain

Insurance and to provide to ArcelorMittal a certificate of insurance prior to performing Services.

13.

Indemnification. To the fullest extent permitted by law, Carrier shall defend, indemnify and hold

harmless ArcelorMittal and any ArcelorMittal Companies, and their officers, directors and employees (the

“ArcelorMittal Indemnitees”) from and against all loss, damage, expense (including reasonable attorneys

fees and court costs), actions and claims for injury to or death of persons and damage to property arising

out of or in connection with the performance of the Services provided by Carrier or its agents hereunder

(including without limitation concurrent, joint, comparative, active or passive negligent acts or omissions,

on the part of any of ArcelorMittal Indemnitees or the condition of the job site or other property of any

ArcelorMittal Indemnitees) or the failure by Carrier, or any of its contractors, to comply with applicable

laws, including any environmental, safety, health and transportation laws; provided, however, that Carrier

shall not be required to indemnify and hold harmless ArcelorMittal Indemnitees for such loss, damage or

expense is caused solely by the negligence or willful misconduct of ArcelorMittal Indemnitees.

14.

Limitation of Liability.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR

CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES PRODUCTION OR

BUSINESS, REGARDLESS OF THE BASIS FOR RECOVERY; PROVIDED, HOWEVER, THIS LIMITATION DOES NOT

APPLY TO THE INDEMNIFICATION OBLIGATIONS IN SECTION 13.

May 2015

Page 9 of 16

Master Agreement For Transportation By Motor Carrier Page 9

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