fatale
09-18-2001, 07:49 PM
Freeservers.com co-location agreement (http://colocation.efreeservers.com/agreement.htm) has the following section. I was just wondering where do I get this kind of insurance and how much will it cost me?
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XIV. INSURANCE
(a) During the term of this Agreement, Customer shall, at Customer’s sole cost and expense, keep in full force and effect the following insurance:
(1) Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage (“all-risk”) and leakage. This insurance policy shall be on all property owned by Customer, for which Customer is legally liable or that was installed at Customer’s expense, and which is located in the Facility, in an amount not less than ninety percent (90%) of the full replacement cost thereof. If there is a dispute about the amount, which comprises full replacement cost, the decision of EFS Networks shall be conclusive.
(2) Commercial General Liability insurance insuring Customer against any liability arising out of the Agreement, use occupancy or maintenance of the Facility and all areas appurtenant thereto. Such insurance shall be in the amount of $500,000, combined single limit for injury to or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence. The policy shall insure the hazards of the Facility and Customer’s operations thereon, independent contractors, contractual liability (covering the indemnity of Customer contained in this Agreement), and shall (a) list EFS Networks as an additional insured, (b) contain a cross liability provision, and (c) contain a provision that the insurance provided to EFS Networks hereunder shall be primary and noncontributing with any other insurance available to EFS Networks.
(3) Workers compensation insurance in amounts required by applicable laws.
(b) Anything in this Agreement to the contrary notwithstanding, EFS Networks and Customer each waives all rights of recovery, claim, action or cause of action against the other, its agents (including partners, both general and limited), trustees, officers, directors, agents and employees, for any loss or damage that may occur to the Facility, or any improvements thereto, or any property of such party therein, arising from any cause covered by any insurance carried by such party, including negligence of the other party. EFS Networks and Customer shall, from time to time, cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all insurance policies carried in connection with the Facility or the contents.
(c) All the insurance required of Customer under this Agreement shall: (1) be issued as a primary policy by an insurer with an A M Best rating of VII or better, (2) contain an endorsement requiring thirty (30) days written notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy.
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XIV. INSURANCE
(a) During the term of this Agreement, Customer shall, at Customer’s sole cost and expense, keep in full force and effect the following insurance:
(1) Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage (“all-risk”) and leakage. This insurance policy shall be on all property owned by Customer, for which Customer is legally liable or that was installed at Customer’s expense, and which is located in the Facility, in an amount not less than ninety percent (90%) of the full replacement cost thereof. If there is a dispute about the amount, which comprises full replacement cost, the decision of EFS Networks shall be conclusive.
(2) Commercial General Liability insurance insuring Customer against any liability arising out of the Agreement, use occupancy or maintenance of the Facility and all areas appurtenant thereto. Such insurance shall be in the amount of $500,000, combined single limit for injury to or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence. The policy shall insure the hazards of the Facility and Customer’s operations thereon, independent contractors, contractual liability (covering the indemnity of Customer contained in this Agreement), and shall (a) list EFS Networks as an additional insured, (b) contain a cross liability provision, and (c) contain a provision that the insurance provided to EFS Networks hereunder shall be primary and noncontributing with any other insurance available to EFS Networks.
(3) Workers compensation insurance in amounts required by applicable laws.
(b) Anything in this Agreement to the contrary notwithstanding, EFS Networks and Customer each waives all rights of recovery, claim, action or cause of action against the other, its agents (including partners, both general and limited), trustees, officers, directors, agents and employees, for any loss or damage that may occur to the Facility, or any improvements thereto, or any property of such party therein, arising from any cause covered by any insurance carried by such party, including negligence of the other party. EFS Networks and Customer shall, from time to time, cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all insurance policies carried in connection with the Facility or the contents.
(c) All the insurance required of Customer under this Agreement shall: (1) be issued as a primary policy by an insurer with an A M Best rating of VII or better, (2) contain an endorsement requiring thirty (30) days written notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy.
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