ARCHIVED General Condition (GC) 9 - Indemnification and Insurance

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This information has been archived and replaced by General Condition (GC) 9 - Indemnification and Insurance (2022-12-01) R1650D

Archived Content

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Legal text for SACC item

R1650D GC9.1 (2011-05-16) Indemnification

  1. The Consultant shall indemnify and save harmless Canada, its employees and agents, from losses arising out of the errors, omissions or negligent acts of the Consultant, its employees and agents, in the performance of the Services under the Agreement.
  2. The Consultant's liability to indemnify or reimburse Canada under the Agreement shall not affect or prejudice Canada from exercising any other rights under law.

R1650D GC9.2 (2017-11-28) Insurance Requirements

  1. General
    1. The Consultant shall ensure that appropriate liability insurance coverage is in place to cover the Consultant and the members of the Consultant Team and shall maintain all required insurance policies as specified herein.
    2. The Consultant shall, if requested by the Contracting Officer at any time, provide to the Contracting Officer an Insurer's Certificate of Insurance and/or the originals or certified true copies of all contracts of insurance maintained by the Consultant pursuant to the provisions contained herein.
    3. The payment of monies up to the deductible amount made in satisfaction of a claim shall be borne by the Consultant.
    4. Any insurance coverages additional to those required herein that the Consultant and the other members of the Consultant Team may deem necessary for their own protection or to fulfill their obligations shall be at their own discretion and expense.
  2. Commercial General Liability
    1. The insurance coverage provided shall not be less than that provided by IBC Form 2100, as amended from time to time, and shall have: a limit of liability of not less than $5,000,000 per occurrence; an aggregate limit of not less than $5,000,000 within any policy year.
    2. The policy shall insure the Consultant and shall include Her Majesty the Queen in right of Canada, represented by the Minister of Public Works and Government Services as an Additional Insured, with respect to liability arising out of the performance of the Services.
  3. Professional Liability
    1. The Professional Liability insurance coverage shall be in an amount usual for the nature and scope of the Services but, shall have a limit of liability of not less than $250,000 per claim, and be continually maintained from the commencement of performance of the Services until five (5) years after their completion.
    2. Notice of Cancellation of Insurance Coverage: The Consultant shall immediately advise the Contracting Authority in writing upon being informed or in receipt of any notification of a pending cancellation of its professional Liability insurance or of any reduction to the claim limits it maintains.
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