Direct Procurement
US Contract:
11. Insurance. Supplier agrees to obtain and maintain, at its expense, commercial liability insurance coverage providing coverage for Whirlpool as additional insured, and insuring against liability for any injury, damage or loss arising out of an alleged defect or deficiency of Suppliers Part(s) or services, including coverage for products-completed operations hazard, regardless of the theory of liability or causation alleged in the underlying lawsuit or claim. Such insurance shall be primary to and not in excess of or contributory with other insurance available to Whirlpool and provide coverage in an amount equal to the full amount maintained by Supplier in the normal course of Suppliers business (including excess and umbrella liability coverage), but in no event shall such combined coverage be in an amount less than $5,000,000 per occurrence. Supplier shall provide Whirlpool annually with a certificate of insurance evidencing this coverage or policy if requested by Whirlpool.
US Purchase Order:
9. INSURANCE: Seller agrees to obtain and maintain, at its expense, commercial liability insurance coverage providing coverage for Buyer as additional insured, and insuring against liability for any injury, damage or loss arising out of an alleged defect or deficiency of Sellers goods or services, including coverage for products-completed operations hazard, regardless of the theory of liability or causation alleged in the underlying lawsuit or claim. Such insurance shall be primary to and not in excess of or contributory with other insurance available to Buyer and provide coverage in an amount equal to the full amount maintained by Seller in the normal course of Sellers business (including excess and umbrella liability coverage), but in no event shall such combined coverage be in an amount less than $5,000,000 per occurrence. Seller shall provide Buyer annually with a certificate of insurance evidencing this coverage or policy if requested by Buyer.
Mexican Supply Contract:
10. Insurance. Supplier agrees to obtain and maintain, at its expense, Commercial General Liability insurance, with coverage insuring against liability for any injury, damage or loss arising out of an alleged defect or deficiency of Suppliers Part(s) or services, including coverage for products-completed operations hazard, regardless of the theory of liability or causation alleged in the underlying lawsuit or claim, which shall protect Whirlpool, its parent(s) and affiliates, and Whirlpool Corporation (collectively "Whirlpool" as used in this paragraph). Such insurance shall be: a) provided by an insurance carrier with AM Best rating A- or better; b) "occurrence" based policy form; c) in an amount equal to the full amount maintained by Supplier in the normal course of Suppliers business, but not less than $5,000,000 USD per occurrence; d) primary to and not in excess of or contributory with other insurance available to Whirlpool; e) endorsed to name Whirlpool as an additional insured(s); and f) shall not exclude coverage for the territories of the USA and Canada. Supplier shall provide to Whirlpool a satisfactory certificate of insurance evidencing such insurance prior to receiving payment for Part(s) or services provided, and periodically as needed to show continuing coverage. A copy of the policy and endorsements shall be made available to Whirlpool upon request.