LCI Preconstruction & Estimating Training Manual

21. TERMINATION FOR CONVENIENCE. Contractor shall have the right to terminate for convenience Subcontractor's performance of all or a part of the Subcontractor's Work by providing Subcontractor with a written notice of termination for convenience which shall be effective upon transmittal by Contractor. If there has been a termination of Contractor's contract with Owner, the Subcontractor shall be paid the amount due to Contractor from Owner for Subcontractor's Work, as provided in the Contract Documents, only if and when payment therefor is received by Contractor. If Contractor's contract with Owner has not been terminated, Subcontractor shall be paid the reasonable value of Subcontractor's Work performed prior to termination (which value shall not necessarily be fixed by a schedule of values or previous Subcontractor application for payment or payments made to Subcontractor) plus reasonable direct close-out costs if and when payment therefor is received by Contractor from Owner, which shall be a condition precedent to Contractor’ s obligation to pay Subcontractor, but in no event shall Subcontractor be entitled to unabsorbed overhead, anticipatory profit, cost reimbursement or damages of any kind. 22. INSURANCE. (a) Subcontractor shall obtain and maintain the insurance described in this Article 22, with the minimum terms and conditions described. Immediately upon receipt of the particular Project’s Work Authorization Document(s), and as a condition precedent to any obligation of Contractor under this Subcontract, Subcontractor shall at the expense of Subcontractor furnish to Contractor certificate(s) of insurance in a form, and from an insurer(s), acceptable to Contractor with the endorsements required by the Subcontract Master Agreement, the particular Project’s Work Authorization Document and this Article 22 attached to the certificate(s). Contractor's failure to request or to obtain such certificate(s) of insurance or endorsements from Subcontractor at Subcontract inception or prior to any payment shall not be a waiver of this, or any other, covenant or condition of this Subcontract. (b) Subcontractor shall procure and maintain (and shall require its subcontractors and suppliers of any tier to procure and maintain), until expiration of the Contractor's warranty period, insurance policies with the following listed minimum insurance coverages and minimum limits of liability from insurers, of recognized responsibility, licensed to do business in all state(s) where Subcontractor's Work is being performed, and having at least an A.M. Best's rating of A VIII, a Standard & Poor's rating of AA, or a Moody's rating of Aa2, acceptable to Owner and Contractor and with the named Additional Insureds as set forth in Paragraph B of the Subcontract Master Agreement and Exhibit B to the particular Project Work Authorization ("Subcontractor's Provided Insurance") and where such coverages and limits as set forth in a Project's Contract Documents are equal to or less than the following, then as follows: (i) Worker's Compensation: Provide Worker's Compensation coverage in the amount of the statutory maximum as provided by the law of the state of the site of the Project, and Employer's Liability with a minimum limit of liability of: $1,000,000 Per Accident, $1,000,000 Disease Each Employee, $1,000,000 Disease Aggregate, including a Waiver of Subrogation in favor of Leopardo Companies, Inc. and others required by the Contract Documents. (ii) Commercial General Liability (IS0 1986 ed. or later Occurrence Form): Furnish Commercial General Liability Insurance (Including Broad Form Contractual Liability) with minimum limits for Bodily Injury and Property Damage: $1,000,000 Each Occurrence for Bodily Injury and Property Damage, $1,000,000 Personal and Advertising Injury, $2,000,000 General Aggregate, $2,000,000 Products/Completed Operations Aggregate. The General Aggregate limit shall apply separately to each project/job location for a particular Project Work Authorization. Coverage shall include Premises Operations; Blanket Contractual Liability for all Claims referred to in Paragraph 18 “Indemnity” of the Conditions to the Subcontract Master Agreement ; Products-Completed Operations Liability (for four years after Owner's acceptance of the Project); Independent Contractor's Liability; Explosion, Collapse & Underground Damage ("XCU"); Broad Form Property Damage and Personal Injury. The policy shall not exclude from coverage damage to work performed by Subcontractor’s subcontractors of any tier on Subcontractor’s behalf whethe r under ISO Form Exclusions CG 22 94 [10/01 version], CG 22 95 [10/01 version] or otherwise. (iii) Business Automobile Liability (most current ISO form): Furnish Business Automobile Liability Insurance, hired, owned and non-owned vehicles, with minimum limits for: $1,000,000 combined single limit each accident or at least $1,000,000 per person for bodily injury, and $1,000,000 per accident for bodily injury and $1,000,000 per accident for property damage. (iv) Umbrella Excess Liability: on a “follow form” basis for a minimum aggregate limit of $3,000,000 for all trades except concrete, precast concrete, masonry, steel, curtainwall, electrical, plumbing, HVAC, elevator, insulation and fire protection which limit shall be $5,000,000 for subcontract prices up to $3,000,000 and limit of $10,000,000 for subcontract prices above $3,000,000 and Subcontractor agrees that Umbrella Excess Liability Insurance limits will not satisfy Subcont ractor’s obligation to provide primary minimum limits of Subparagraph 22 (b) above; or such higher limit(s) as may be provided in a particular Project’s Work Authorization Agreement; (v) Professional Liability Insurance: If Subcontractor’s scope of work i ncludes the obligation to provide any architectural or professional engineering service, Subcontractor shall provide professional liability insurance in minimum limits of $2,000,000 each claim and $2,000,000 aggregate coverage with a maximum of $100,000 deductible (or self-insured retention). Such insurance shall remain in force, and Subcontractor shall submit certificates of insurance on an annual basis, for four (4) years after final completion of Contractor's Work. (vi) Pollution

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