79-26 MT Contracting Structural Improvements at OSPAC v2 DJH.pdf

7 contractual relationship and to protect the interests of the Public Entity as required by New Jersey law. 10.15. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of the State of New Jersey, County of Essex. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. ARTICLE 11. CONFLICTING INFORMATION 11.1. The CONTRACTOR shall comply with all State and Local Laws and Regulations in carrying out the terms of the contract ARTICLE 12. HOLD HARMLESS AGREEMENT 12.1. The contractor shall defend, indemnify and hold harmless the Township, its agents, servants and administrators from and against any and all claims or actions at law, whether for personal injury, property damage or liability, including any costs of defense incurred by the Township and any payment, recoveries and judgment against the Township, which arise from any actions or omissions as vendor, its agents or employees in execution of the work and/or duties to be performed under the contract. 12.2. Costs shall be deemed to include, but not limited to attorney’s fees, filing expenses, expert witness fees, reproduction costs, and long-distance travel and phone expenses in connection with the defense and shall bear the prevailing interest rate, where applicable. 12.3. The CONTRACTOR shall be responsible for the damage to person or property caused or alleged to have been caused by or incidents to Work under the aforementioned Contract without expense to the Township, its agent’s servants and/or administrators. ARTICLE 13. INSURANCE 13.1 Throughout the life of this Contract, the Construction Contractor shall pay for and maintain in full force and effect with an insurance company(s) (Company) admitted by the New Jersey Department of Banking & Insurance to do business in the State of New Jersey and rated not less than “A- VIII” in Best Insurance Key Rating Guide, the following policies of insurance: 13.1.1 REQUIRED COVERAGES - the following may be provided through a combination of primary and excess policies in order to meet the minimum limits set forth below: