NYC 9/11 Public Portal Document
8. The Contractor assumes the following risks, whether such risks
arise from acts or omissions (negligent or not) of the Contractor, the
Authority or third persons or from any other cause, excepting only
risks occasioned solely by affirmative, wilful acts of the Authority
done subsequent to the opening of Proposals on this Contract, and shall
Indemnify the Authority for all loss and expense incurred in connection
with risks (c) and (d) below except for damage caused by or resulting
from the sole negligence of the Authority, its agents or employees:
(a) the risk of loss or damage to the construction (including materials
not yet incorporated in the construction) occurring prior to the issu
ance of the certificate of final completion; (b) the risk of loss or
damage occurring at the construction site to any property of the Con
tractor; (c) the risk of claims, whether made against the Contractor or
the Authority, for loss or damage occurring at the construction site to
any property of the Contractor's agents, employees, subcontractors, ma
terialmen and others performing work hereunder; (d) the risk of claims
for Injuries, damage and loss of any kind, just or unjust, of third
persons arising or alleged to arise out of the performance of work,
whether such claims are made against the Contractor or the Authority.
The risks asumed under (b), (c) and (d) above include those relating to
injuries, loss and .damage sustained both prior and subsequent to the
issuance of the certificate of final completion. This paragraph shall
not limit the responsibilities the Contractor would have in the absence
' of this paragraph. No third party rights are created by the Contract,
except to the extent that the Contract specifically provides otherwise
by use of the words "benefit" or "direct right of action".
9. The Contractor shall take out and maintain at his own expense
Workers' Compensation Insurance in accordance with the requirements of
law of the state where work is to be performed and also Comprehensive
General Liability Insurance Including but not limited to Premises
Operations and Completed Operations coverage, with a contractual
liability endorsement covering the obligations under subparagraph (d)
of paragraph 8 above, in bodily injury liability limits of not less
than $500,000 for each coverage thereunder and in limits of not less
than $500,000 for each coverage under property damage liability.^ The
policies shall not name the Authority as an Insured but shall contain a
provision that the policy may not be cancelled, terminated or modified
without fifteen days written advance notice to the Manager,' Risk
Management Division, the Port Authority of New York and New Jersey, One
PATH Plaza, Jersey City, N.J. 07306 (Attn; Construction Certificate
Review). Moreover, the Comprehensive General Liability policy shall
not contain any provisions for exclusions from liability other than
provisions for exclusions from liability forming part of the standard,
basic, unamended and unendorsed Comprehensive General Liability policy
. (
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NYC-WTC_000165273
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