ROMAN CATHOLIC BISHOP OF SAN JOSE

(A California Corporation Sole)

DIOCESE OF SAN JOSE

CARN1VAL CONTRACT ADDENDUM

This addendum is made to be an integral part of the contract and agreement (“Carnival Contract”)
dated [ ] by and between [ ], referred to as “First Party” and [ ]
Referred to as “Second Party”.

  1. First Party hereby agrees to hold harmless and indemnify Second Party including the following entities: THE ROMAN CATHOLIC BISHOP OF SAN JOSE, a Corporation Sole, THE ROMAN CATHOLIC WELFARE CORPORATION OF SANJOSE, a California Religious Corporation and all of their respective officers, agents, employees, and volunteers, including but not limited to, the staff and volunteers of [ ] in [ ] CA, from any and all liability arising from any and all operations and carnival equipment or amusement devices owned or operated by or on behalf of the First Party and to pay for any and all damages for injuries to persons, including death resulting there from, or damage to property, from any cause, including but not limited to, attorney fees for injuries, which may result from the operations of the First Party during the festival at [ ] in [ ],
    CA from [ ], 20[ ] to[ ], 20[ ].
  2. First Party agrees to maintain insurance covering Automobile Liability, Workers Compensation and Commercial General Liability with insurance companies with a Best’s Rating A+X1 I or better, to be approved by Second Party’s Chancery Office, providing coverage for bodily injury, personal injury and property damage liability with at least minimum Limits of $5,000,000 Per Occurrence Combined Single Limit The commercial general liability and excess liability policies shall be endorsed to include the standard Diocesan Carnival endorsement used by the Diocese of San Jose which shall name as additional named insured’s the Parish/School and staff and any other entity on whose premises the Carnival will be held, and any municipality granting permits for the carnival, and all their respective officers, agents, employees, and volunteers as well as THE ROMAN CATHOLIC CHURCH as defined above and per the Endorsement as respects all operations and equipment owned and/or operated by or on behalf of First Party. Property of the First Party will be insured on a “first party” basis, at all times while on the premises of the Second Party. First Party will cause their insurers to waive the insurer’s right of subrogation against all entities named as the First Party in Paragraph 1 above.

Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the additional named insured. Coverage shall apply separately to each insured against whom claim is made or suit is brought except with respect to the insurer’s limits of liability. All insurance in effect for the First Party shall be primary and non-contributing with any other insurance, self-insurance or re- insurance in effect for the additional named insured

The insurance shall not be cancelled without thirty (30) days advance written notice of cancellation to the additional named insured/certificate holders. The certificate of insurance and Additional Insured Endorsements signed by an authorized representative of the insurance company/ies shall be addressed to and delivered to Second Party at its premises arid to the following:

The Roman Catholic Bishop of San Jose

Attn: Loss Control & Prevention Coordinator

1150 N. First Street, Ste. 100

San Jose, CA 95112-4966

With a copy sent simultaneously to the insurance administrators:

The Roman Catholic Bishop of San Jose

c/o Arthur J. Gallagher Risk Management Services

Post Office Box 7443

San Francisco, CA 94120-7443

The certificate shall be delivered within ninety (10) days of the execution of this Addendum.

  1. First Party shall insure that it and its employees/representatives shall comply with all of the laws and regulations of Federal, State and Local authorities.

[ Carnival Company Name Here ]

[ Address]

Dated this [ ] day of______20[ ] Signed by______

Title______

(Authorized Signature & Title)

Updated 08/2016

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The Chancery ● 1150 North First Street ● Suite 100 ● San Jose, California 95112-4966

(408) 983-0237 ● www.dsj.org ● Fax (408) 983-0296