Specifications

Page 7 of 22
Revised 7/23/14
copyright, trademark or patent due to the
Contractor’s actions in carrying out its
duties under this Contract.
C. The Contractor shall defend the County its
officers, officials, employees, contractors,
agents and other persons in any
proceeding or action, including appeals,
arising out, in connection with, the
Contract, and any copyright infringement
proceeding or action. At the County’s
option, the County may defend any such
proceeding or action and require the
Contractor to pay reasonable attorney’s
fees for the defense of any such suit.
14. Insurance
A. The Contractor and his subcontractors
shall not commence work under this
Contract until all the required insurance
has been obtained and such insurance
has been approved by the County.
Approval of the insurance by County shall
not relieve or decrease the liability of the
Contractor. The Contractor shall assume
all responsibility for the insurance
requirements of all subcontractors. All
insurance requirements apply equally to
subcontractors. All insurance shall be
obtained from companies licensed to do
business in the State of New York. All
policies providing coverage shall be issued
with an A.M. Best rating of A- or better.
B. The Contractor shall furnish to the County
Declaration Pages for each such policy of
insurance, and, upon request, a true and
certified original copy of each such policy,
evidencing compliance with the insurance
requirements. The County of Suffolk shall
be named as an additional insured on all
applicable policies and Contractor shall
furnish a Declaration Page and
endorsement page evidencing the
County’s status as an additional insured
on said policy.
C. All such Declaration Pages and other
evidence of insurance shall provide for the
County of Suffolk to be notified in writing
thirty (30) days prior to any cancellation,
nonrenewal, or material change in said
policies. Such Declaration Pages, policies,
and other evidence of insurance shall be
mailed to the Department at its address
set forth in the paragraph entitled “Notices
and Contact Persons”, or at such other
address of which the County shall have
given the Contractor notice in writing. Any
correspondence shall specifically refer to
the Project covered under the Contract.
D. If the Contractor fails to provide the
declaration pages or certificates of
insurance or to maintain any insurance
required by this Agreement, the Owner
may, but shall not be required to, withhold
payment until such time that
certificates/policies are submitted stating
that all applicable insurances are in effect,
or may obtain such polices and deduct the
cost thereof from payments due the
Contractor under this Agreement or any
other agreement between the County and
the Contractor.
E. Upon failure of the Contractor to furnish,
deliver, and maintain such insurances as
herein provided, this Agreement, at the
election of the County, may be forthwith
suspended, discontinued, or terminated.
Failure of the contractor to take out and/or
maintain and the taking out and/or
maintenance of any required insurance
shall not relieve the Contractor from any
liability under this Agreement, nor shall the
insurance requirements be construed to
conflict with the obligations of the
contractor concerning indemnification. In
that event of suspension of work, no
extension of time to complete the Work
shall be granted.
F. The Contractor agrees that it shall protect,
indemnify and hold harmless the County
and its officers, officials, employees,
contractors, agents and other persons
from and against all liabilities, fines,
penalties, actions, damages, claims,
demands, judgments, losses, costs,
expenses, suits or actions and reasonable
attorneys' fees, arising out of the acts or
omissions or the negligence of the
Contractor in connection with the services
described or referred to in this Agreement.
The Contractor shall defend the County
and its officers, officials, employees,
contractors, agents and other persons in
any suit, including appeals, or at the
County’s option, pay reasonable attorney’s
fees for defense of any such suit arising
out of the acts or omissions or negligence
of the Contractor, its officers, officials,
employees, subcontractors or agents, if
any, in connection with the services
described or referred to in this Agreement.
G. The Contractor shall procure, pay the
entire premium for, and maintain
throughout the term of this Agreement,