THE UNIVERSITY OF NOTRE DAME
INSURANCE REQUIREMENTS AND INDEMNIFICATION AGREEMENT
FOR BUS OR CHARTER TRANSPORTATION
Contract Term –
May 1, 2015 to April 30, 2020
This agreement is made and entered by and between the University of Notre Dame du Lac, an Indiana corporation (“Notre Dame” or “the University”) and the undersigned Contractor (“Contractor”), which procures, rents, leases, loans and/or otherwise provides one or more buses or other vehicles to be used for the transport of Notre Dame students, faculty, staff, guests and others.
Contractor shall procure and maintain during the aforementioned term of this contract/agreement, at Contractor’s sole expense, such insurance as shall protect Contractor, and any Subcontractor hired by Contractor performing work or providing services for the University of Notre Dame du Lac, Notre Dame, Indiana, from claims for damages for personal injury/bodily injury (including death) and property damage, any of which may arise from said performance of work, provision of services, or from any act or omission, whether such be by Contractor or by any Subcontractor or by anyone directly or indirectly employed by either of them. Such insurance shall, at a minimum, meet the requirements set forth herein. Hereinafter the University of Notre Dame du Lac shall be referred to as Owner.
A. Automobile Insurance
Automobile Liability insurance covering all owned, hired and non-owned vehicles.
$5,000,000 combined single limit per accident for bodily injury and property damage
Automobile Insurance Provisions:
1. Owner as additional insured:
Owner and its subsidiaries, officers, directors, trustees, volunteers, and employees shall be named as additional insureds under the Automobile Liability policy.
2. Primary and Non-contributory insurance:
All insurance provided hereunder shall be primary and non-contributory.
3. Waiver of Subrogation:
The Automobile Liability insurer(s) shall agree to waive all rights of subrogation against Owner and its subsidiaries, officers, directors, trustees, volunteers and employees.
4. Notice of Cancellation:
Each insurance policy required by this insurance clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to Owner.
5. Acceptability of Insurance
Insurance is to be placed with insurers which are acceptable to the Owner. In general, the company must be at least A-,V (rating) by Best’s.
6. Verification of Coverage
Contractor shall furnish Owner with certificates of insurance that clearly identify all insurance coverage and special conditions as required by the Agreement. The certificates are to be signed by a person authorized by the insurer to bind coverage on its behalf. Owner reserves the right to require certified copies of endorsements affecting coverage
required by this insurance clause or to require a certified copy of any or all required insurance policies, at any time.
B. Insurance Limits
Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor. The limits of insurance specified in this Agreement are minimums and the Owner does not in any way represent that the insurance or the limits of insurance specified in this Agreement are sufficient or adequate to protect the Contractor’s interests or liabilities.
C. Provision of Services
Nothing herein shall be construed as a guarantee, promise, representation or commitment by Owner that Contractor will be retained by Owner to provide goods, labor or services of any kind during or throughout the contract term.
D. Liability and Indemnification
Contractor assumes liability and expressly indemnifies the Owner for all losses, claims, damages, expenses, demands, judgments, fines, penalties, attorneys’ fees, and costs arising out of any injury, death, property damage, damage to the environment or instance of non-compliance with any local, state, or federal statute, regulation, or order (collectively “Claims”) sustained or alleged to have been sustained in connection with, or to have arisen out of the act, or omission of Contractor, its Subcontractor(s), or the employees or agents of Contractor or its Subcontractor(s). Contractor’s indemnification obligation includes a duty to defend and extends to the Owner and its trustees, officers, agents, and employees. The foregoing assumption, indemnification, and undertaking of defense shall not apply to the extent that said Claims arise out of the sole negligence of the trustees, officers, agents, or employees of the Owner.
CONTRACTOR:
______UNIVERSITY OF NOTRE DAME DU LAC
______
Signature Signature
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Printed Name and Title Printed Name and Title
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Date Date
Insurance Requirements and Indemnification Agreement for Bus or Charter Transportation Page 1
University of Notre Dame, Risk Management & Safety Department, 636 Grace Hall, Notre Dame, Indiana 46556