All work performed for the Owner shall be held in strict confidence by employees, agents, and principals of Contractor; and processes, equipment devices, machinery, systems, methods, etc., used, investigated, incorporated into, invented or devised for this project by the Owner, Contractor, or others shall be considered property of Owner and not to be used by Contractor, their employees, agents, or principals without the express written permission of Owner. Pictures, articles, or other definitions of the project, for any purpose, shall be subject to the express written approval of Owner.
Contractor shall protect, indemnify, defend and hold harmless the Company Group (as hereinafter defined) from and against any and all causes of action, claims, losses, obligations, liabilities, costs, including, but not limited to, any fines assessed by any regulatory agency of any government, whether federal, state or municipality and costs of investigation and defense and reasonable attorneys’ fees (collectively, “Claims”), asserted against or incurred by any of the Contractor Group directly or indirectly in connection with the Services for personal injury to, or illness, death, or damage to or loss of property of, any member of the Company Group.
As used herein, “Company Group” means Company, its affiliates, subsidiaries, joint venture’s and partners, its contractors of any tier (excluding Contractor and its subcontractors), and each of their respective officers, directors, shareholders, partners, joint ventures, owners, members, managers, agents, servants, employees, guests, invitees and insurers (but excluding Contractor Group), and (ii) “Contractor Group” means Contractor and its subcontractors of any tier, and each of their respective officers, directors, shareholders, owners, members, managers, agents, servants, employees, guests, invitees and insurers.
Contractor shall comply with the provisions of the Federal Mine Safety and Health Act of 1977 and the Mine Safety and Health Administration (MSHA) standards and regulations as outlined in the current Federal Metal and Nonmetallic Mine Safety and Health Regulations, Title 30, Code of Federal Regulations, including without limitation the provisions for giving notification of legal identity and for training employees, subcontractors and their employees, and any other persons performing any of the work. Contractor shall be solely responsible for any violations of the Act, standards or regulations by his employees, subcontractors or their employees, or any other persons performing any of the work, shall indemnify and hold Owner harmless from liability for civil penalties under the Act and shall reimburse Owner for the costs and expenses, including reasonable attorney fees, incurred in defending citations made against Owner under the Act, when such penalties, costs and expenses result, in whole or in part, from the failure of Contractor's employees, subcontractors or their employees, to comply with the Act, standards or regulations.
Contractor will at all times comply with Company’s Management Program’s Contractor Guidelines.
SMOKING IS NOT PERMITTED AT ANY LOCATION IN U.S. SILICA COMPANY PLANTS OR FACILITIES. This prohibition has been adopted as a company policy which is strictly enforced.
(a) Contractor shall, at its sole expense, maintain in effect at all times during the performance of the Services, insurance coverage with limits not less than those set forth below and with insurers and under forms of policies reasonably satisfactory to Company:
Workers Compensation – Employer’s Liability
Comprehensive Automobile Liability – Bodily Injury/Property Damage
Commercial General Liability – Bodily Injury/Property Damage
(b) Contractor shall cause its insurance policies to name Company and the other members of the Company Group as additional insureds to the extent of the liabilities assumed by Contractor hereunder. The “Description of Operations”, located on the Certificate of Insurance, box shall include the following language: U.S. Silica Company and Company Group or other affiliates are included as additional insured (except workers compensation) where required by written contract. Waiver of subrogation is applicable where required by written contract. The insurance as afforded to each additional insured shall be on an occurrence basis, state that it is primary insurance, and shall provide for a severability of interest or cross-liability clause. Each insurance policy of Contractor shall be written by an insurance company with a rating by A. M. Best’s Insurance Guide of A- or better. Contractor shall cause all of Contractor’s insurance policies to be endorsed to provide that all underwriters waive subrogation (whether by loan receipt, equitable assignment, or otherwise) against members of the Company Group, to the extent of the liabilities assumed by Contractor hereunder
(c) Prior to commencing performance of any Services hereunder or the commencement of site mobilization, Contractor shall furnish Company with Certificates of Insurance as evidence of the above required insurance and such certificates shall provide thirty (30) days written notice to Company prior to cancellation or material modification thereof, or notice in accordance with terms of the policy.
(d) None of the requirements contained herein as to types, limits, and approval of insurance coverage to be maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Contract.
(e) Contractor shall not undertake any of the Services on Company’s premises until all required insurance has been obtained and certificates confirming such coverage have been furnished to and approved by Company.