Subcontract Agreement Form

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Subcontract Agreement
(Contractor/Subcontractor)
1.
Indemnity. In consideration of the Contract Agreement, and to the fullest extent
permitted by law, the Subcontractor shall defend and shall indemnify, and hold harmless, at
Subcontractor’s sole expense, the Contractor, the Owner of the property, and the officers,
directors, agents, employees, successors and assigns of each of them from and against all
liability or claimed liability for bodily injury or death to any person(s), and for any and all
property damage, including all reasonable attorney fees, disbursements and related costs,
arising out of or resulting from the Work covered by this Contract Agreement to the extent
such Work was performed by or contracted through the Subcontractor or by anyone for
whose acts the Subcontractor may be held liable, excluding only liability created by the sole
and exclusive negligence of the Indemnified Parties. This indemnity agreement shall
survive the completion of any work specified in the Contract Agreement.
2.
Insurance. The Subcontractor shall procure and shall maintain such insurance as will
protect the Contractor , owner and their officers, directors, agents and employees, for
claims arising out of or resulting from Subcontractor’s Work under this Contract Agreement,
whether performed by the Subcontractor, or by anyone directly or indirectly employed by
Subcontractor, or by anyone for whose acts Subcontractor may be liable. Such insurance
shall be provided by an insurance carrier rated “A-” or better by A.M. Best and lawfully
authorized as either an admitted or surplus lines basis to do business in the jurisdiction
where the Work is being performed.
The Subcontractor’s insurance shall include contractual liability coverage and additional
insured coverage for the benefit of the Contractor, Owner and shall specifically include
coverage for completed operations. The insurance required to be carried by the
Subcontractor and any Sub-Subcontractors shall be PRIMARY AND NON-
CONTRIBUTORY. With respect to each type of insurance specified hereunder, the
Contractor’s and Owner’s insurances shall be excess to Subcontractor’s insurance.
The Subcontractor warrants that the coverage provided under the commercial general
liability policy shall be written on an “occurrence” basis with coverage as broad as the
Insurance Service Office Inc.’s form and that no policy provisions shall restrict, reduce, limit
or otherwise impair contractual liability coverage or the Contractor’s, Owner’s (or others as
required and as listed below) status as additional insured.
Not less than five (5) days prior to commencement of the Work and until final acceptance of
the Work, Subcontractor shall provide Contractor with certificate(s) of insurance evidencing
the required insurance coverage with the limits stated below or elsewhere in the
Subcontract documents. The Subcontractor shall provide Contractor thirty (30) days
written notice of a change or cancellation in coverage. In addition, all insurance policies
shall state that the insurer will provide Contractor thirty (30) days prior written notice of a
change or cancellation in coverage.
The Subcontractor shall maintain no less than the limits specified for each of the following
insurance coverages:
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