Page 554 - Onboarding May 2017
P. 554

22.1 Commercial General Liability Insurance.
                     Distributor agrees to maintain, during the entire term of this Agreement and, notwithstanding
                     any  provision  to  the  contrary  in  this  Agreement,  commercial  general  liability  insurance,
                     including,  but  not  limited  to, public  liability,  completed  operations  and  product  liability
                     coverage, in amounts not less than those reasonably required from time to time by Operator
                     and CSCS as communicated to Distributor in writing.  The use of a commercial umbrella
                     policy is permitted to satisfy any minimum required insurance limits.  Such coverage will be
                     written only on an occurrence based form unless the use of a claims made form is approved
                     in writing and in advance by Operator and CSCS.

                              22.2 Workers Compensation Insurance.
                     Distributor also agrees to maintain a policy of workers’ compensation insurance as required
                     by  law  in  the  state  or  states  in  which  this  Agreement  is  to  be  performed.    In  addition,
                     Distributor agrees that any state in which this Agreement is to be performed will be named
                     in section 3.A of the workers’ compensation declarations page for such policy.

                              22.3 Insurance Coverage.
                     Distributor’s insurance coverage will be provided by an insurance company or companies
                     with an A. M. Best’s rating of A- or better. The insurance coverage will be primary to any
                     coverage that Operator may have whether pursuant to or independent of this Agreement.  The
                     insurance coverage will not in any way be endorsed, amended or otherwise restricted to limit
                     the  coverage  provided  under  a  simplified  commercial  general  liability  insurance  policy
                     promulgated by Insurance Services Office, Inc. or its successor organization.

                              22.4 Required Certificate of Insurance.
                     Distributor agrees to furnish, together with its execution of this Agreement and thereafter in
                     advance of any annual renewal of or any relevant and material change in the Distributor’s
                     insurance  coverage,  a  fully  complying  current  certificate  of  insurance  for  Operator’s
                     approval, which certificate will list Operator as an additional insured on the Distributor’s
                     commercial  general  liability  policy  only.    Notwithstanding  the  foregoing,  Operator’s  or
                     CSCS’ review or approval of such certificate will not relieve Distributor to any degree of its
                     obligation to maintain the required coverage.

                              22.5 Change in  Insurance Coverage.
                     Distributor will notify Operator and CSCS at least 30 days in advance of any relevant and
                     material changes in Distributor’s insurance coverage. Each certificate will indicate that the
                     coverage will not be canceled, or modified (to Operator’s or CSCS’ detriment), until at least
                     30  days  prior  written  notice  has  been  given  to  Operator  and  CSCS.    The  insurance
                     requirements set forth in this Agreement are minimum coverage requirements and are not to
                     be construed in any way as a limitation on Distributor's liability under this Agreement.
















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