AGENTS, AS WELL AS
EMPLOYMENT RELATED TAXES.
SUBJECT ONLY TO THE TERMS OF THIS AGREEMENT, VENDOR
SHALL HAVE COMPLETE CONTROL OF ITS AGENTS AND EMPLOYEES ENGAGED IN THE
SERVICES.
VENDOR SHALL ENSURE THAT NEITHER IT NOR ITS AGENTS OR EMPLOYEES SHALL
ACT OR HOLD THEMSELVES OUT AS AGENTS OR EMPLOYEES OF NEXTEL.
VENDOR SHALL (OR
SHALL CAUSE ITS SUBCONTRACTORS TO) (I) MAINTAIN ALL NECESSARY PERSONNEL AND
PAYROLL RECORDS FOR ITS EMPLOYEES, (II) CALCULATE AND PAY THEIR WAGES AND
WITHHOLD ALL REQUIRED TAXES AND OTHER GOVERNMENT-MANDATED CHARGES, IF ANY, (III)
REMIT SUCH TAXES, EMPLOYER CONTRIBUTIONS, AND OTHER LEVIES OR CHARGES TO THE
APPROPRIATE GOVERNMENT ENTITY, INCLUDING, BUT NOT LIMITED TO, WITHHOLDING TAXES,
EMPLOYMENT INSURANCE, WORKERS'
36
COMPENSATION ASSESSMENTS, EMPLOYER HEALTH TAX, VACATION PAY, AND COST ON
VACATION PAY, AND (IV) PAY NET WAGES AND FRINGE BENEFITS IN ACCORDANCE WITH
APPLICABLE LAW DIRECTLY TO ITS EMPLOYEES
14.10.
INSURANCE.
14.10.1.
GENERAL REQUIREMENTS.
WITHOUT LIMITING VENDOR'S UNDERTAKING TO
DEFEND, HOLD HARMLESS, AND INDEMNIFY NEXTEL INDEMNITIES AS PROVIDED HEREIN,
VENDOR SHALL PURCHASE AND MAINTAIN INSURANCE TO PROTECT VENDOR FROM CLAIMS OF
THE TYPE SET FORTH BELOW THAT ARISE OUT OF OR RESULT FROM VENDOR'S OPERATIONS,
SERVICES, AND/OR PERFORMANCE UNDER THIS AGREEMENT AND FOR WHICH VENDOR MAY BE
LIABLE, WHETHER SUCH OPERATIONS, SERVICES, AND/OR PERFORMANCE ARE PROVIDED BY
VENDOR OR BY ANY OF VENDOR'S AGENTS, CONSULTANTS, VENDORS, OR SUBCONTRACTORS OR
BY ANYONE DIRECTLY EMPLOYED BY ANY OF THEM, OR BY ANYONE FOR WHOSE ACTS VENDOR
MAY BE LIABLE.
14.10.2.
COVERAGES.
THE INSURANCE REQUIRED HEREUNDER SHALL BE WRITTEN FOR
NOT LESS THAN THE LIMITS OF COVERAGE SPECIFIED HEREIN, OR AS REQUIRED BY LAW IN
ANY JURISDICTION WITH AUTHORITY OVER VENDOR'S OPERATIONS, SERVICES, AND/OR
PERFORMANCE, WHICHEVER IS GREATER.
COVERAGE SHALL BE WRITTEN ON AN OCCURRENCE
BASIS, EXCEPT FOR PROFESSIONAL LIABILITY INSURANCE.
(A)
WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE AFFORDING
COMPENSATION BENEFITS FOR ALL EMPLOYEES IN AN AMOUNT SUFFICIENT BY VIRTUE OF THE
LAWS OF THE STATE OR JURISDICTION IN WHICH THE WORK OR ANY PORTION OF THE WORK
IS PERFORMED AND EMPLOYERS' LIABILITY INSURANCE WITH LIMITS OF
[ . . . * * * . . . ] FOR EACH ACCIDENT OR DISEASE.
(B)
COMMERCIAL GENERAL LIABILITY INSURANCE WITH A COMBINED SINGLE
LIMIT OF [ . . . * * * . . . ] PER OCCURRENCE FOR PERSONAL INJURY, BODILY INJURY
(INCLUDING WRONGFUL DEATH), AND PROPERTY DAMAGE LIABILITY INCLUSIVE OF COVERAGE
FOR ALL PREMISES AND OPERATIONS, BROAD FORM PROPERTY DAMAGE, INDEPENDENT
CONTRACTORS, CONTRACTUAL LIABILITY FOR THIS AGREEMENT AND PRODUCT/COMPLETED
OPERATIONS COVERAGE.
(C)
ERRORS AND OMISSIONS INSURANCE SHALL BE MAINTAINED WITH LIMITS OF
[ . . . * * * . . . ]
(D)
AUTOMOBILE LIABILITY INSURANCE WITH COMBINED SINGLE LIMIT OF
[ . . . * * * . . . ] PER OCCURRENCE FOR INJURIES, INCLUDING ACCIDENTAL DEATH
AND PROPERTY DAMAGE.
(E)
UMBRELLA OR EXCESS LIABILITY INSURANCE WITH LIMITS NOT LESS THAN
[ . . . * * * . . . ] PER OCCURRENCE, WHICH SHALL PROVIDE ADDITIONAL LIMITS FOR
EMPLOYERS' LIABILITY, GENERAL