Certificate Holder: 950 WMS GL, LLC
c/o Cushman & Wakefield U.S. Inc.
75 14th Street, Suite 100
Atlanta, GA 30309
Additional Insured:
• 950 WMS GL, LLC, as Owner, and its affiliates
• T&U 950 WMS Developer, LLC
• FCP Fund IV Operating Partnership L.P.
• FCP Fund IV Trust
• FCP Realty Fund IV, L.P.
• FCP Fund IV GP, LLC.
• Cushman & Wakefield U.S., Inc.
• Cushman & Wakefield of Georgia, Inc.
a. Worker's Compensation Insurance in accordance with all applicable laws.
b. Employer's Liability Insurance in the minimum amount of $1,000,000.00.
c. Commercial general liability insurance on an occurrence basis, in a reasonable amount (but in no event less than $1,000,000 per occurrence and $2,000,000 annual aggregate per location) for Bodily Injury and Property Damage, on a combined single limit basis, and specifically including the following: blanket contractual liability - all oral and written contracts; premises operations liability; a separation of interests provision; products/completed operations with minimum limits of $2,000,000 per occurrence, which, unless otherwise agreed to by Owner in writing, shall be maintained for three (3) years after completion of Contractor’s work or the applicable statute of repose, whichever is greater, including a per project aggregate endorsement, explosion, collapse and underground property damage; personal injury liability; employees as additional insureds; and cross-liability coverage;
d. Automobile Liability Insurance to include coverage for all hired, owned, and non-owned vehicles, with a combined single limit or not less than $1,000,000.00.
e. If performing construction, All-Risk Builder’s Insurance for the benefit of Owner, Professional and subcontractors covering physical loss or damage to the project.
f. If providing professional services, Professional Liability (Errors & Omissions) insurance with limits of not less than $2,000,000 per claim, including a three (3) year extended reporting period.
g. Unless otherwise required by Owner, Excess/ Umbrella Liability Insurance in the amount of $5,000,000 general aggregate per location or per project, $5,000,000 product/completed operations aggregate, including a per project aggregate endorsement, or the current limits carried by the Professional, whichever is greater, and
h. If applicable, Contractor’s Equipment or Property Insurance covering “all risk” of physical damage to contractor’s tools, equipment, and other property not being incorporated into the Property
All insurance required to be carried by the Contractor herein shall be primary and noncontributory, and any such insurance maintained by Cushman & Wakefield U.S., Inc., T&U 950 WMS Developer, LLC and/or Owner, shall be secondary and non-contributory and excess over any applicable insurance required to be maintained by the Contractor hereunder. The above insurance is to be issued by insurance carriers with a minimum A.M. Best’s rating of A- and licensed to provide insurance in the state where the Property is located. In addition, the Contractor shall be required to procure an appropriate clause in, or endorsement on, each of the above-referenced insurance policies whereby the insurer waives subrogation or consents to waiver of the right of recovery against Owner and Cushman & Wakefield U.S., Inc., and having obtained such clause or endorsement of waiver of subrogation or consent to waiver of a right of recovery, the Contractor will agree that it will not make any claim against or seek to recover from Owner or Cushman & Wakefield U.S., Inc., for any loss or damage of the type covered by the insurance required to be carried by the Contractor.
