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Revised 04/18/2019 P&C
any injury or death to persons and any damage to property) caused by or sustained in
connection with the performance of this Contract or by conditions created thereby or
arising out of or any way connected with Work performed under this Contract, as well as
all expenses incidental to the defense of any such claims, litigation, and actions.
Furthermore, Contractor shall assume and pay for, without cost to the County Indemnitees,
the defense of any and all claims, litigation, and actions suffered through any act or omission
of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or
under the supervision of any of them. Notwithstanding any language or provision in this
Contract, Contractor shall not be required to indemnify any County Indemnitee against
claims, actions, or expenses based upon or arising out of the County Indemnitee’s sole
negligence. As between the County Indemnitees and the Contractor as the other party, the
Contractor shall assume responsibility and liability for any damage, loss, or injury, including
death, of any kind or nature whatever to person or property, resulting from any kind of
claim made by Contractor’s employees, agents, vendors, Suppliers or Subcontractors
caused by or resulting from the performance of Work under this Contract, or caused by or
resulting from any error, omission, or the negligent or intentional act of the Contractor,
vendors, Suppliers, or Subcontractors, or any of their officers, agents, servants, or
employees. The Contractor shall defend, indemnify, and hold harmless the County
Indemnitees from and against any and all claims, loss, damage, charge, or expense to which
they or any of them may be put or subjected by reason of any such damage, loss, or injury.
The Contractor expressly agrees to provide a full and complete defense against any claims
brought or actions filed against the County Indemnitees, where such claim or action
involves, in whole or in part, the subject of the indemnity contained in this Contract,
whether such claims or actions are rightfully or wrongfully brought or filed. The County
has the sole discretion to choose the counsel who will provide the defense. No provision of
this Contract and nothing herein shall be construed as creating any individual or personal
liability on the part of any elected official, officer, employee, agent or servant of the
County, nor shall the Contract be construed as giving any rights or benefits hereunder
to anyone other than the parties to this Contract. The parties’ obligations pursuant to this
Section shall survive any acceptance of Work, or termination or expiration of this Contract.
W. INSURANCE:
Insurance must meet the County’s requirements and will be furnished by the successful
Bidder(s) upon award.
1. Successful Bidder(s) will advise their insurance agent of the County’s requirements as
listed below and that they may not proceed with any work until insurance is provided
that is in compliance with these requirements.
2. Contractor’s insurance company or agent must mail, email, or bring an original
certificate of insurance and applicable declarations or endorsements to the DeKalb
County address listed within this Insurance provision. Insurance must be from
companies able to do business in Georgia and acceptable to the County as follows:
a. Certificates must cover:
i. Statutory Workers Compensation
(1) Employer’s liability insurance by accident, each accident $1,000,000
(2) Employer’s liability insurance by disease, policy limit $1,000,000