INSURANCE AND INDEMNIFICATION
The Applicant (The Restaurant) shall defend, indemnify and save harmless the Corporation of the Town of Goderich, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Applicant, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Contract. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Applicant in accordance with this Contract and shall survive this Contract.
Commercial General Liability
The Applicant shall, at their expense obtain and keep in force during the term of the Agreement, Commercial General Liability Insurance satisfactory to the Corporation of the Town of Goderich and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Property Damage and Personal Injury and shall include but not be limited to:
- A limit of liability of not less than $2,000,000.00/occurrence with an aggregate of not less than $5,000,000.00
- Add the Corporation of the Town of Goderich as an additional insured with respect to the operations of the Named Insured
- The policy shall contain a provision for cross liability and severability of interest in respect of the Named Insured
- Non-owned automobile coverage with a limit not less than $2,000,000 and shall include contractual non-owned coverage (SEF 96); Coverage to include damage caused by operating or moving vehicles
- Products and completed operations coverage
- Broad Form Property Damage
- Contractual Liability
- The policy shall provide 30 days’ prior notice of cancellation
Primary Coverage
The Applicant’s insurance shall be primary coverage and not additional to and shall not seek contribution from any other insurance policies available to the municipality.
Certificate of Insurance
The Applicant shall provide a Certificate of Insurance evidencing coverage in force at least 10 days prior to contract commencement.
