Terms of Use

INSURANCE 14.3 The Contractor will maintain at its expense:

 

a) Liability insurance issued on an occurrence basis, against claims for bodily injury, personal injury and property damage in or about the Premises, contractual liability, and non-owned automobile, in amount which are from time to time acceptable to a prudent contractor in the community in which the Building is located, but not less than $2,000,000.00 in respect of each occurrence; and

 

b) shall add Mimobl as an additional insured with regard to the above noted insurance with regards to the operations performed by the contractor.

 

RELEASE AND INDEMNITY

 

15.1 The contractor hereby releases and waives all claims against Mimobl. with respect to property damage, including without limitation, indirect and consequential losses, except to the extent any such claims arise as a result of the Mimobl’s negligence.

 

15.2 The Contractor is responsible for adhering to all provincial and municipal COVID-19 regulations.

 

15.3 The Contractor shall indemnify and save harmless Mimobl from all claims, demands, causes of actions, liabilities, damages, losses or expenses arising out of or occasioned by:

 

a) Any breach Contractor of any covenant or condition of this Agreement

b) Any contract, lien or mortgage on the Building or the Premises cause by any act or omission by the Contractor;

c) Any claim, expense, loss or demand arising from any bodily injury including death or property damage to the property of any person, firm or corporation occurring in the Premises, which shall include any and all COVID-19 related Claims or Costs asserted or alleged against Indemnities, arising out of the Contractor’s use and occupancy of the Premises. Contractor shall be obligated to indemnify, defend, save and hold harmless Indemnities for COVID-19 related Claims or Costs.

 

15.4 Any and all indemnities described herein will survive the termination of this Agreement.

 

15.5 Every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Mimobl or to which the Mimobl is entitled under this Agreement will also be available and shall extend to protect each servant, consultant, agent, officer and employee of Mimobl acting in the course of or in connection with their employment.

 

15.6 In no event will either party or Mimobl be liable or responsible for any consequential, indirect, incidental, punitive or special damages (including, without limitation, lost profits) whether based upon breach of contract, warranty, negligence strict tort liability or otherwise.