02-093 B1 (Rev. 10-95)
AppB1.doc
APPENDIX B1
INDEMNITY AND INSURANCE
Article 1. Indemnification
The Contractor shall indemnify, hold harmless, and defend the contracting agency from and against any
claim of, or liability for error, omission or negligent act of the Contractor under this agreement. The
Contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the
independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent
error or omission of the Contractor and the independent negligence of the Contracting agency, the
indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Contractor”
and “Contracting agency”, as used within this and the following article, include the employees, agents and
other contractors who are directly responsible, respectively, to each. The term “independent negligence” is
negligence other than in the Contracting agency’s selection, administration, monitoring, or controlling of the
Contractor and in approving or accepting the Contractor’s work.
Article 2. Insurance
Without limiting Contractor's indemnification, it is agreed that Contractor shall purchase at its own expense
and maintain in force at all times during the performance of services under this agreement the following
policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum
acceptable limits. If the Contractor's policy contains higher limits, the state shall be entitled to coverage to
the extent of such higher limits. Certificates of Insurance must be furnished to the Contracting Officer prior
to beginning work and must provide for a 30-day prior notice of cancellation, nonrenewal or material change
of conditions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach
of this contract and shall be grounds for termination of the Contractor's services. All insurance policies shall
comply with, and be issued by in