AgnesScottCollege
INDEMNITY AND INSURANCE
Indemnity. External Organization shall indemnify Agnes Scott and its trustees, directors, officers, employees, agents and students (collectively, “Indemnitees”), and hold the Indemnitees harmless, from and against any and all demands, liabilities, charges, claims, suits, losses, damages, costs and expenses suffered or incurred by any Indemnitee (including, but not limited to, reasonable attorneys’ fees actually incurred) by reason of use of the properties, facilities, equipment, services and other items provided by Agnes Scott hereunder by External Organization or by any agent, employee, representative, guest, participant or invitee of External Agent, other than, as respects each Indemnitee, demands, liabilities, charges, claims, suits, losses, damages, costs and expenses, if any, resulting principally from such Indemnitee’s gross negligence or willful misconduct. The indemnity provided by this section 4.01 shall extend to all demands, liabilities, charges, claims, suits, losses, damages, costs and expenses incurred in connection with any and all loss of, theft of or damage to property of Agnes Scott, External Organization or any agent, employee, representative, guest, participant or invitee of External Agent, or of any other individual or organization, or in connection with any and all injury to and/or death of any individual whomsoever, be he or she associated with Agnes Scott or External Organization or neither, or in connection with any infringement or violation, or claim of infringement or violation, of any patent, copyright, trade secret, know-how or other intellectual property, or of any contract right or other intangible property.
Insurance.
(a)External Organization shall at its expense obtain:
(i)insurance against loss or damage of property of Agnes Scott, External Organization or any agent, employee, representative, guest, participant or invitee of External Agent, or of any other individual or organization, by fire or other casualty, in each case during the period of the Event, with a per-occurrence limitation of liability of no less than One Million Dollars ($1,000,000) and a deductible amount of no more than Five Thousand Dollars ($5,000);
(ii)general liability insurance covering all claims for bodily injury and property damage, including loss of use thereof, during the period of the Event, subject to, a per-occurrence limitation of liability of no less than One Million Dollars ($1,000,000) and a deductible amount of no more than Five Thousand Dollars ($5,000), such insurance to include coverage for bodily injury and property damage arising from premises and operations, including products and completed operations, personal and advertising injury and contractual liability;
(iii)fire liability insurance covering all claims for bodily injury and property damage, including loss of use thereof, during the period of the Event, subject to a per-occurrence limitation of liability of no less than One million dollars ($1,000,000) and a deductible amount of no more than Five Thousand ($5,000); and
(iv)workers’ compensation insurance covering all of External Organization’s employees during the period of their service in connection with the Event.
(b)With respect to each of the foregoing insurance coverages required hereby:
(i)such coverage must not be cancelable prior to the Completion Date;
(ii)such coverage must be issued by an insurance company legally licensed and authorized to transact business in the State of Georgia and otherwise satisfactory to Agnes Scott;
(iii)Agnes Scott must be named an additional insured and/or a loss payee; and
(iv)External Organization must, on or before the fifteenth (15th) day preceding the Start Date, provide Agnes Scott with a certificate of insurance, executed by the carrier, evidencing such coverage and its compliance with the provisions hereof.