| If video, audio-video, audio, photography (stills), CGI or post-productions services (collectively “Production Services”) are provided under this PO and Agency has declared the work to the Omnicom Wrap Up Insurance Program, the insurance requirements in this Insurance Exhibit shall not apply and Vendor shall provide the insurance coverage as set forth in Exhibit C (and Exhibit D, if applicable) of the Wrap Up Insurance Program (provided under separate cover). |
Except where Agency has declared the Production Services under the Omnicom Wrap Up Insurance Program, Vendor shall obtain at its own cost and maintain in full force and effect during the term of the PO and for an additional time period of three (3) years for any policy written on a “claims made” basis, the following types of insurance and minimum limits set forth below with an insurer having an A.M. Best rating of A-VIII or better, and which
1. General Insurance Requirements:
Workers’ Compensation:
Part One (Work. Comp.) – Statutory
Part Two (Employers Liability) – $1,000,000
An Alternate Employers’ Endorsement is required for Temporary Staffing Agencies
Commercial General Liability – Covering liability arising from premises, operations, personal injury, products/completed operations, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) and no action-over or labor law exclusions within the policy. The limits of at least:
$2,000,000 General Aggregate limit
$1,000,000 each occurrence limit for all bodily injury or property damage incurred in any individual occurrence
$1,000,000 each occurrence limit for Personal Injury and Advertising Injury
$2,000,000 Products/Completed Operations Aggregate limit
$1,000,000 each occurrence limit for Products/Completed Operations
$1,000,000 Damage to Rented Premises (Fire Legal Liability)
Commercial Automobile Liability – Covering all owned, non-owned and hired vehicles with limits of $1 million combined single limit for bodily injury/property damage each accident.
Umbrella/Excess – $10,000,000 each occurrence and $10,000,000 in the aggregate in excess of Employers Liability, Commercial General Liability and Commercial Automobile Liability and if applicable, your services include Liquor Liability and Garage Keepers Legal Liability.
Commercial Crime Insurance – Commercial Crime Insurance including coverage for Employee Dishonesty, loss inside the premises, loss outside the premises, forgery or alteration, funds transfer fraud, social engineering fraud, and computer fraud, with a minimum limit of $1,000,000. Coverage will include 3rd Party Client Coverage/Clients Property for loss committed solely by Vendor’s employee with a minimum limit of $1,000,000. Coverage will include Agency and Client as joint loss payees which may be satisfied through the use of a blanket loss payee endorsement.
2. Professional Liability Insurance Requirements. If Vendor’s Services include:
Original or licensed art or photography (still or video) services, Vendor shall carry Professional Liability/Errors & Omissions Insurance, including coverage for Intellectual Property Rights (copyright; service mark; trademark rights); Cross Liability and Contractual Liability insuring the provisions of the above indemnification agreement with minimum limits of $-2 million per claim and $2 million aggregate. Vendor’s policy shall include Media Liability ( including intellectual property infringements) and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
Original music creation or music licensing services, Vendor shall carry Professional Liability/Errors & Omissions Insurance, including coverage for Intellectual Property Rights (copyright; service mark; trademark rights); Cross Liability and Contractual Liability insuring the provisions of the above indemnification agreement with minimum limits of $2 million per claim and $-2 million aggregate. Vendor’s policy shall include Media Liability ( including intellectual property infringements) and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
Non-technology Services, such as security, events, construction, moving and services offered by design, healthcare and business service professionals, . Vendor shall carry Professional Liability/Errors & Omissions Insurance appropriate for Vendor’s business and encompassing all services provided to Agency in an amount not less than $10,000,000 per claim and in the aggregate. If Services involve Vendor having access to or possession of personally identifiable information, then this policy must include first party Cyber and third party Security and Privacy Liability coverage. Coverage shall also include Cross Liability . If Vendor’s Services include creation and/or publication of media content, Vendor’s policy shall include Media Liability (including intellectual property infringements) and liability assumed under an insured contract (including the tort liability of another assumed in a business contract)
Technology Services. Vendor shall carry Professional Liability/Errors & Omissions Insurance, including coverage for Technology
Confidential – Not for Public Consumption or Distribution
Products & Services E&O; first party Cyber and third party Security – Liability and Privacy Liability; and Cross Liability, Media Liability (including intellectual property infringements) and liability assumed under an insured contract (including the tort
3. Additional Insurance Requirements – if Vendor’s Services include:
Serving Alcoholic Beverages. Vendor shall carry Liquor Liability Insurance with minimum limits of $1,000,000 each occurrence, if Services include the serving of alcoholic beverages.
Care, custody or control of third-party vehicles. Vendor shall carry Garage Keepers Legal Liability Insurance with minimum limits of $1,000,000 each occurrence on a direct primary basis.
Care, custody or control of Personal Property of Others. Vendor shall carry Vendor Property Insurance with the coverage limits at least the full replacement cost value of the property in Vendor’s possession and include Agency and Client as a loss payee.
Vendor shall comply with the following requirements:
1. All minimum limits are in USD or its local country equivalent that brings the limit to USD limits. Required minimum limits of insurance may be satisfied by any combination of primary and Umbrella/Excess liability policies. Any deviations from these requirements must be approved by Agency and agreed in writing prior to commencement of Work.
2. Vendor’s insurance shall be primary and non-contributory to any other insurance or self-insurance maintained by or available to Agency, its Client or all other indemnitees. Vendor’s policies shall contain a waiver of subrogation in favor of Agency and its Client and all other Indemnitees, where permitted by law.
3. Agency, Client and all other indemnitees (including Agency’s parent, Omnicom Group Inc.) shall be named as additional insureds on Vendor’s Commercial General Liability (including Liquor Liability and Garage Keepers Legal Liability, if applicable) and Commercial Automobile Liability Policies. As respects to Professional Liability/Errors & Omissions policies, Vendor agrees to add Agency, Client and all other indemnitees (including Agency’s parent, Omnicom Group Inc.) as additional insureds, but only if there is carveback for any insured vs. insured exclusion. Prior to the start of work, Vendor shall provide Agency with certificates of insurance evidencing the above insurance coverage, including copies of Additional Insured, Loss Payee, Waiver of Subrogation and Primary/Non-Contributory endorsements from the respective policies.
4. All subcontractors retained by Vendor to perform services shall maintain the same types; limits and terms & conditions of insurance required of Vendor as applicable to the services provided by such subcontractor. Vendor and its subcontractors shall be responsible for any policy deductibles or self-insured retentions, with no more than $25,000 deductible or self-insured retention permitted. Agency shall be given at least thirty (30) days written notice prior to any policy cancellation-, non-renewal or material change in coverage. The failure of Agency to request certificates of insurance or to identify any coverage deficiency will not be construed as a waiver of Vendor’s obligation herein. The required minimum limits of insurance shall not in any way limit the liability of Vendor in connection with its performance under this Contract.
Confidential – Not for Public Consumption or Distribution