(a) SUPPLIER Insurance. During the term of this Agreement and for a period of five (5) years after the expiration, cancellation or termination of this Agreement, Consultant agrees to carry the following insurance coverages:
(i) Commercial General Liability insurance as will protect SUPPLIER and WHIRLPOOL from all claims for damages due to bodily injury (including death), personal injury, or property damage arising in connection with the Agreement. Such insurance coverage shall be: a) occurrence-based; b) in an amount not less than US$1,000,000 per occurrence (including excess and umbrella limits of liability), or not less than US$5,000,000 per occurrence if the product or service could impair WHIRLPOOL production; c) include at least those coverages generally designated Premises/Operations, Products/Completed Operations, Personal Injury & Advertising Liability and Contractual Liability; and d) name WHIRLPOOL as an additional insured on the policy.
(ii) Workers Compensation insurance that provides applicable federal and state statutory limits for any illnesses or injuries incurred by SUPPLIER or employees of SUPPLIER while performing Services for WHIRLPOOL. In addition, SUPPLIER shall carry Employers Liability insurance (coverage B) in an amount not less than US$1,000,000. SUPPLIER shall name WHIRLPOOL as an Alternate Employer on the policy.
(iii) Business Automotive Liability insurance as will protect SUPPLIER and WHIRLPOOL from all claims for damages due to bodily injury (including death) or property damages arising from or in any way connected with the ownership, possession, operation, use, maintenance or repair of owned, non-owned or hired motor vehicles utilized in connection with the obligations of SUPPLIER under this Agreement or any PIA. Such insurance shall provide limits of liability in an amount not less than US$1,000,000 per accident for private passenger vehicles and US$5,000,000 per accident for all other motor vehicles. SUPPLIER shall name WHIRLPOOL as an additional insured on the policy.
(iv) Cargo Insurance as will protect WHIRLPOOL from damage, loss, cost or expense arising to WHIRLPOOL property in transit while in the care, custody and control of SUPPLIER. Such insurance shall provide coverage in an amount not less than US$500,000.
(v) All Risk Property Insurance as will protect SUPPLIER and WHIRLPOOL from damage, loss, cost or expense arising from theft, or damage to personal property of WHIRLPOOL while in the care, custody, or control of SUPPLIER. Such insurance shall: a) provide coverage in an amount not less than the actual replacement value of the property; and b) designate WHIRLPOOL as a loss payee.
(vi) Errors and Omissions (Professional Liability) Insurance as will protect SUPPLIER and WHIRLPOOL from any and all claims for damages due to a breach of professional standards of care by SUPPLIER in connection with the performance of Services under this Agreement or any PIA. Such insurance shall provide protection in limits of not less than US$1,000,000 per occurrence.
(vii) Fidelity and Crime Insurance coverage as will protect SUPPLIER and WHIRLPOOL from any damages suffered by WHIRLPOOL due to SUPPLIER dishonesty or criminal actions in connection with the performance of Services under this Agreement or any PIA. Such insurance shall provide protection in limits of not less than US$1,000,000.
(viii) All insurance must be procured from insurance companies with an AM Best rating of A minus or better, and such insurance coverages are and shall be primary insurance without right of contribution from any other insurance or self-insurance that is carried by WHIRLPOOL, and contain a waiver of subrogation in favor of the additional insureds. SUPPLIER shall deliver certificates of Insurance evidencing all coverages specified in this paragraph to WHIRLPOOL with the fully executed copy of this Agreement. Current, active Certificates of Insurance shall be similarly submitted as required to document continuous coverage as specified in this Paragraph, but failure to do so and/or WHIRLPOOL’s failure to demand delivery of the certificates will not constitute a waiver of this provision. These Certificates shall contain a provision that the coverages afforded under the policies shall not be materially modified or canceled until at least thirty (30) days prior written notice of intention to so modify or cancel has been delivered by the insurer to Whirlpool.