Supplier must maintain during the term of any PO the following insurance coverage in at least the amounts below specified. In addition, Supplier must provide to the University’s Corporate Purchasing Department a Certificate of Insurance showing such coverage and the requirements set forth after subsection 10(e) below before commencement of work or shipment of goods unless greater coverage amounts are determined to be required by the University’s Corporate Purchasing Department:
a. Commercial General Liability insurance written on occurrence basis with the following limits:
|General Aggregate Limit
|Personal Injury and Adv. Injury Limit
||$1,000,000 ea. person/organization
|Bodily Injury & Property Damage Limit
||$1,000,000 each occurrence
||$50,000 (any one fire)
||$5,000 (any one person)
(Pollution Liability Endorsement of $1,000,000 per occurrence is also required in the event hazardous materials are to be involved.)
No exclusions for: Product/Completed Operations; Contractual Liability; Independent Contractors; Personal & Advertising Injury.
b. Automobile Liability: Any Auto Owned, Hired and Non-Owned
(Pollution Liability of $1,000,000 each accident will also be needed in the event hazardous materials are to be involved.)
Combined Single Limit for
Bodily Injury & Property Damage $1,000,000 ea. accident/aggregate
c. Excess “Umbrella” Liability $3,000,000 ea. occurrence/aggregate
The umbrella coverage shall be no more restrictive than underlying coverage.
d. Workers’ Comp. & Employers Liability Statutory Coverage as required by law
e. If Supplier accesses, receives, creates, transmits, or stores electronic Protected Health Information (ePHI) for the University or any of its Affiliates, Network Security and Privacy Liability insurance in an amount not less than $5,000,000 occurrence/aggregate with deductible/retention of not more than $150,000, unless otherwise approved by University, covering Supplier and its subcontractors engaged in such activities for network and privacy risks including coverage for unauthorized access, failure of security, breach of privacy perils, wrongful disclosure of information, as well as event management costs and regulatory defense. Such insurance shall be maintained in force at all times during the term such service is being provided.
Supplier’s Certificate of Insurance provided to University’s Corporate Purchasing Department must, in addition to confirming coverage amount, must substantiate that Supplier’s liability policies, except for professional liability, workers compensation and employers liability, (i) name the University or the entity issuing the PO, if the issuer is other than the University, as an additional insured and cover all of Supplier’s projects at all locations owned or operated by the University or the entity issuing the PO, if the issuer is other than the University, (ii) waive any claim of subrogation against the University or the entity issuing the PO, if the issuer is other than the University, and their respective board of trustees, directors, officers, employees, agents, and volunteers, and (iii) be primary and non-contributory to any other insurance carried by, or available to, the University. The foregoing insurance and limits of coverage in no way l limit Supplier’s liability, or the right of the University or the entity issuing the PO, if the issuer is other than the University, to require that Supplier provide other insurance or greater coverage amounts. Each policy of insurance required by this Section 10 and Section 11 below shall be issued by a company or companies with an A- Best rating or better and licensed to do business in New York State. Supplier will provide written notification to University or the entity issuing the PO, if the issuer is other than the University, at least thirty (30) days prior to termination or restrictive amendment of the above referenced polices, subject to Supplier having notice from its carrier. In addition, Supplier shall give notice to University not later than five (5) business days of Supplier’s liability reaching or exceeding Supplier’s aggregate coverage or knowledge that carriers rating has been decreased. In which event, University shall have no obligation to continue to acquire goods or utilize services from Supplier.