RIDER TO THE AGREEMENT BETWEEN Illinois Institute of Technology AND , DATED (“AGREEMENT”)
1.CONFLICTING TERMS. Should any conflict exist between the terms of the Agreement to which this Rider is attached and this Rider, the terms of this Rider shall in all cases prevail. The entire documented agreement between the parties consists of said Agreement between Illinois Institute of Technology (“IIT”) and (“Caterer”) and this Rider.
2.INSURANCE ANDLIABILITY. Caterer agrees to indemnify, defend and hold harmless IIT for any and allclaims, liabilities, expenses, suits or actions brought as a result of harm or injury to the extent that the same is alleged to have been caused by or arisen fromCaterer’s performance of or its failure to perform its obligations under the Agreement or its breach of the Agreement, provided that Caterer shall not be liable to so indemnify, defend and hold harmless IIT for any matters to the extent that the same are caused intentionally or through the negligence of IIT. Caterer shall obtain, at its sole cost and expense, (i) commercial general liability insurance with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate covering personal injury, sickness or death or damage to or destruction of property that may arise from, relate to or result from this Agreement, (ii) commercial automobile insurance, covering owned, hired and leased vehicles, with coverage of at least $1,000,000, and (iii)Worker's Compensation insurance in an amount not less than the required statutory limits and including employer's liability insurance with limits of not less than $500,000 per occurrence. All such insurance coverage shall be with a reputable insurance company licensed to do business in the State of Illinois. The policy referenced in (i) above shall name Illinois Institute of Technology as an additional insured on a primary and non-contributory basis and shall contain a waiver of subrogation. Caterer agrees to furnish IIT a certificate of insurance evidencing such coverage at least 5 days prior to the date for performance set forth in the Agreement.
3.CHOICE OF LAW. This Agreement and the legal relations of the parties shall be governed by the laws of the State of Illinois without giving effect to choice of law principles. Venue shall be in the state or federal courts located in Cook County, Illinois, whichever applicable, for any actions that may arise from this Agreement.
4.ASSIGNABLILITY. Each provision of this Agreement shall bind, extend to, and inure to the benefit of the parties and their respective legal representatives, successors, and assigns. Neither party may assign the Agreement without the written permission of other.
5.INDEPENDENT CONTRACTOR. Catereris undertaking to render the services called for in the Agreement as an independent contractor to IIT. Nothing contained in the Agreement or this Rider shall be deemed or construed by the parties, or by any third party, to create the relationship of principal and agent, partnership, joint venture, or any association between the parties.
Caterer represents and warrants that it has obtained and will maintain throughout the term of the agreement all required authorizations, permits and licenses to provide the contracted services.
ILLINOIS INSTITUTE OF TECHNOLOGY
By:______By:______
Name:______Name:______
Title:______Title:______
09012015