2019-176-E AMS - Williams Scotsman Inc ES trailer

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DocuSign Envelope ID:9BFA37E2-D334-4AF6-BE2F-3DEC4FCCF3C4 as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. b. County Insurance; County's responsibility for the Equipment begins immediately upon delivery and accepted completion of installation. County shall obtain and keep in force during the entire Term and/or Extension Period liability and property insurance as follows: (A) General Liability Insurance: A policy of combined bodily injury and property damage insurance insuring County and Provider against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence. (B) Property Insurance: A policy of insurance covering all loss or damage to the Equipment, including flood and earthquake, for not less than 100% of the Equipment Value and the Ancillary Products value as established by Provider for the full term of the Agreement. (C) General. (1) County's insurance for the Equipment shall be issued by insurance companies satisfactory to Provider. Such insurance shall be primary, and any other coverage carried by the Provider shall be excess and non-contributory. Within ten (10) days after the delivery of the Modular Equipment, County shall provide Provider with evidence of the required insurance and naming Provider as Additional Insured and Loss Payee. The Evidence of Insurance must provide Provider with thirty(30) days prior written notice of any cancellation. Any proceeds of such insurance shall be paid to Provider and shall be applied to the replacement of the Equipment or payment of monies due under this Agreement, at the option of Provider. County shall comply with all requirements of the insurance underwriters or any governmental authority. (2) County shall pay a Missing or Expired Evidence fee for each month that County fails to timely provide the required Evidence of Insurance for property coverage or for liability coverage. Such fees shall be calculated by Provider at its then-prevailing rate(s). Payment of such fees shall not provide County with any insurance coverage, nor excuse County from performing its obligations hereunder 8. Indemnity a. Provider Indemnity. To the extent caused by the negligence of Provider, the Provider agrees, , to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. b. County Indemnity; To the extent permitted by law and to the extent of its insurance policy coverage, County agrees to indemnify, defend, and hold harmless Provider, its parents, subsidiaries, affiliates, directors, officers, agents, employees, and invitees, from and against any and all losses, claims, costs, and attorneys' fees and expenses, arising out of or related to: (a) any loss or damage to the Equipment or any part or component thereof; (b) the death of, injury to, or damage to the property of, any person or party related to or arising out of the delivery, installation, use, possession, condition, return, or repossession or relocation (by other than Provider's employees and/or subcontractors) of the Equipment and any part or component thereof; and/or (c) the failure of County to Revised 12/18 4