Contractor agrees to indemnify fully, hold harmless and defend Boland Marine & Industrial, L.L.C., its parent, subsidiaries and affiliates and its and their agents, officers, directors, employees, representatives, successors and assigns from and against all Damages (as hereinafter defined) arising out of or in any way connected with Contractor’s performance of this contract, through negligence, strict or absolute liability or otherwise wrongful acts or omissions.  The term “Damages” shall mean and all (i) obligations, (ii) liabilities, (iii) compensation benefits, (iv) personal injuries (including, but not limited to, death of any person),            (v) damages to any property, (vi) penalties, (vii) actions, (viii) judgments, and (xiii) costs and expenses (including, but not limited to, attorney’s fees relating to the foregoing).  This indemnity shall extend to the sole negligence or strict or absolute liability of Boland Marine & industrial, L.L.C., its employees, agents or collateral contractors.

During the term of this agreement and until final acceptance by Boland Marine & Industrial, L.L.C. of all work to be performed hereunder, indemnitor shall carry the following minimum insurance, with full limits applying but not less than as stated.  A certificate evidencing the required insurance shall be delivered to Boland Marine & Industrial, L.L.C. prior to commencement of the work and shall provide that any change restricting or reducing coverage or the cancellation of any policies under which certificates are issued shall not be effective until Boland Marine & Industrial, L.L.C. shall have received thirty (30) days notice in writing or such change or cancellation.

1. Workers’ Compensation Insurance fully complying with the laws of the states in which the work is to be done, including the Longshoremen’s and Harbor Workers’ Compensation Act Endorsement in an amount required by said Act.  Employer’s Liability insurance in the amount of $500,000 covering injuries to the death of Indemnitor’s employees in any state where Workmen’s Compensation laws are not in force.  Indemnitor agrees to obtain from its underwriters a Waiver of Subrogation in favor of Boland Marine & Industrial, L.L.C.

2. Comprehensive General Liability Insurance in the amount of $500,000 per person for bodily injury or death of persons and $1,000,000 for any one occurrence.  Indemnitor agrees to have Boland Marine & Industrial, L.L.C.  named as an additional assured under its policy of insurance and to obtain Contractual Insurance to cover this specific Hold Harmless and Indemnity Agreement.  A Waiver of Subrogation in favor of Boland Marine & Industrial, L.L.C. must be provided.

3. Automobile Liability and Property Damage Insurance covering personal injuries in the amount of $250.00 per person and $500,000 for any one occurrence and property damage in the amount of $500,000 per accident.  This coverage applies to each and every unit of automotive equipment operated or used by Indemnitor in the performance of their work.  Indemnitor agrees to have Boland Marine & Industrial, L.L.C. named as an additional assured under its policy of insurance and a Waiver of Subrogation in favor of Boland Marine & Industrial, L.L.C. must be provided.

Furthermore, Indemnitor agrees that the insurance requirements as set forth above shall not limit or diminish in any way the rights and obligations of indemnitor under any of the indemnity provisions set forth in this agreement.

Equal Employment Opportunity.  The provisions of Executive Order 11246, as amended, and particularly Subpart B, 202, paragraph (1) through (7); the Rehabilitation Act of 1973, and the Vietnam Era Veterans Readjustment Act of 1974 and hereby incorporated, including the Applicable Rules and Regulations (41 CFR 60-2, 41 CFR 60-250, and 41 CFR 60-741) issued pursuant thereto.  The vendor represents by acceptance of this purchase order that it will comply with such Executive Order and rules, regulations, and amendments thereto, to the extent the same are applicable to the sale of goods or services here under.