11/04/2019 BOARD OF SELECTMEN Agenda Packet

Home Browse Search

such disclosing Party; (ii) becomes publicly known and made generally available after disclosure by such Party through no action or inaction of the other Party; (iii) is already in the possession of the non-disclosing Party at the time of disclosure by the disclosing Party as shown by the non-disclosing Party's files and 'records immediately prior to the time of disclosure; (iv) is obtained by the non-disclosing Party from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by the non-disclosing Party without use of or reference to the disclosing Party's Confidential Information, as shown by documents and other competent evidence in the non-disclosing Party's possession; or(vi) is required by law to be disclosed by the non-disclosing Party, provided that such non-disclosing Party gives the disclosing Party prompt, written notice of such requirement(and if possible, prior to such disclosure) and reasonable assistance in obtaining an order protecting the information from public disclosure so long as there is no cost or expense to non-disclosing Party whatsoever, and such disclosing Party indemnifies . the non-disclosing Party in connection therewith. 11. INSURANCE. A. NBWS shall obtain and maintain continuously through the term of this Agreement, and furnish to the Town certificates attesting to the existence of the following applicable insurance: (1) Workers' Compensation Insurance as prescribed or permitted by Applicable Law. (2) Commercial General Liability and Property Damage Insurance,with Contractual Liability and Products/Completed Operations coverage, with primary limits of liability of$1,000,000, combined occurrence,for bodily injury and property damage. (3) Commercial Automobile Liability Insurance as required by Applicable Law, but with limits of not less than $1,000,000 per occurrence for bodily injury and property damage, combined single limit. (4) Commercial Pollution Legal Liability Insurance with limits of liability as follows: NBWS-$5,000,000 per claim; (5) Excess Liability Insurance with limits of not less than $5,000,000 per occurrence in the case of NBWS and $3,000,000 in the case of Town, supplementing the primary insurances required by(ii) and (iii) above. B. NBWS shall cause the aforementioned policies of insurance (other than the workers' compensation insurance) to be duly and properly endorsed by the insurance underwriter to (i) provide an endorsement naming as additional insureds the Town, and (ii) provide that they may not be canceled without thirty(30) days prior written notice being given to the Town and in the event such insurance company will not provide such notice,then the NBWS shall immediately notify the Town of such pending cancellation. If any of such insurance policies are written on a "claims-made" basis, upon termination or cancellation of such policy, whether during or after the Term, NBWS shall be responsible for purchasing "tail" insurance coverage for acts and omissions occurring during the Delivery Term. Such tail insurance coverage must remain in place for three (3)years following completion of the Term. NBWS shall provide the Town with a certificate of insurance issued by the Page 6 WASTE DISPOSAL AGREEMENT