Insurance Requirement Details
Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $5,000,000 if serving alcohol or $2,000,000 if not serving alcohol per occurrence / $5,000,000 of $2,000,000 annual aggregate for any negligent acts or omissions relating to their obligations under this agreement. Such insurance shall include, but is not limited to bodily injury and property damage including loss of use; liquor liability (if exposure) personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; owners & contractors protective; occurrence property damage; products; broad form completed operations; employees as Additional Insured(s); contingent employers liability; incidental medical malpractice; extended bodily injury; tenants legal liability; cross liability and severability of interest clause
Such insurance shall add the Town as Additional Insured subject to a waiver of subrogation. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the Town.
Any and all deductibles applicable to the above noted insurance shall be the sole responsibility of the Patio Operator and the Town shall bear no cost towards such deductible.
The Patio Operator is responsible to keep the Premises insured – failure to do so shall not impose any liability on the Town
The Patio Operator is responsible to carry WSIB on employees or its equivalent
The Patio Operator shall provide the Town with a certificate of insurance in compliance with the insurance requirements as stipulated in the Agreement. The Policy shown above shall not be cancelled, changes or lapsed unless the Insurer notifies the Town in writing at least thirty (30) days prior to the effective date of the cancellation, lapse or material change in risk. The insurance policy will be in a form and with a company licensed to carry on business in Ontario which are, in all respects, acceptable to the Town.
Indemnification
The Patio Operator shall defend, indemnify and save harmless the Town, their elected officials, officers, employees and agents from and against any and all claims, actions, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, or illness or death resulting from COVID-19, or to damage to or destruction of tangible property including loss of revenue arising out of or allegedly attributable to the negligence, acts, errors, omissions, whether willful or otherwise by the lessee, their officers, employees, guests, invitees, or others who the Patio Operator is legally responsible. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Tenant in accordance with this agreement and shall survive this agreement.
