1271 AoA COI Requirements

COIRequirements 1271AoA

Insurance Coverage Requirements for 1271 Avenue of the Americas

The following insurance coverage is required to perform work at 1271 Avenue of the Americas/111 West 50th Street, New York, NY. Please provide a minimum of thirty (30) days notice of cancellation to the certificate holder.

Insurance Coverage Requirement:

Commercial General Liability

Each Occurrence $3,000,000

General Aggregate $5,000,000

Automobile Liability

Combined Single Limit $3,000,000

Workers Compensation and Employers’ Liability Statutory

Named Certificate Holder:

RGDC Core LLC Property Manager 1271 Avenue of the Americas New York, NY 10020

Description of Operations:

Rockefeller Center North, Inc., RGDC Core LLC, Rockefeller Group Development Corporation and Apple Bank for Savings are included as additional insureds in connection with all work performed at 111 West 50th Street/1271 Avenue of the Americas, New York, N.Y. This insurance is primary and not contributing to or in excess of any insurance maintained by the additional insureds.

Theparagraphmustbecopiedexactlyasisshown. Nochangestotheparagraphwillbe acceptedsuchasabbreviationsormisspellingsoryourownadditionalwording.*

THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER.

IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)musthaveADDITIONALINSUREDprovisionsorbeendorsed. IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementon thiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).

PRODUCER

INSURED

COVERAGES

CERTIFICATENUMBER:

NAME: CONTACT

(A/C,No,Ext): PHONE

E-MAIL ADDRESS:

INSURERA:

INSURERB:

INSURERC:

INSURERD:

INSURERE:

INSURERF:

(A/C,No): FAX

INSURER(S)AFFORDINGCOVERAGE

NAIC#

REVISIONNUMBER:

THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.

SAMPLE

SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCEWITHTHEPOLICYPROVISIONS.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s):

Rockefeller Center North, Inc.

RGDC Core LLC

Rockefeller Group Development Corporation

Apple Bank for Savings

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:

1. In the performance of your ongoing operations; or

2. In connection with your premises owned by or rented to you.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

Contractor Indemnity & Insurance Agreement (“Agreement”)

In consideration for permitting (“Contractor”) to deliver goods to, or provide services or perform work at, either or both of the premises situated at 1221 Avenue of the Americas, New York, NY and 1271 Avenue of the Americas, New York, NY (collectively, the “Properties”), owned, respectively, by 1221 Avenue Holdings LLC and Rockefeller Center North, Inc. (collectively, “Owner”), Contractor hereby agrees to the following:

1. INDEMNIFICATION

To the fullest extent permitted by law Contractor agrees to indemnify, hold harmless and defend Owner, Owner’s managing agent RGDC Core LLC (“Agent”), Rockefeller Group Development Corporation and their respective affiliates, officers, partners, members, agents, employees, servants and assignees and mortgagees of any of the Property (collectively referred to as “Indemnitees”) from and against all claims, demands, suits, actions, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses, including reasonable attorneys’ fees and expenses, on account of injury to persons, including death resulting therefrom, and damage to property arising or alleged to arise out of the performance of, or failure to perform, work at or in either of the Properties by Contractor, Contractor’s sub-contractors, or their respective employees and agents (collectively referred to as “Contractor Parties”)

2. INSURANCE

2.1 Contractor shall secure, and keep in full force and effect, and shall cause its subcontractors to secure, and keep in full force and effect, the following coverage at Contractor's (or the subcontractor’s) sole cost and expense. Such insurance is to be primary insurance, notwithstanding any insurance maintained by the indemnified parties

Commercial General Liability Insurance, including Contractual Liability (to specifically include coverage for the indemnification clause of this Agreement), Products & Completed Operations Liability, Broad Form Property Damage, Personal and Advertising Injury Liability, written on an occurrence form, with combined bodily injury and property damage limits of liability of no less than $3,000,000 per occurrence, $5,000,000 per project general aggregate, $5,000,000 Personal & Advertising Injury and $5,000,000 Products and Completed Operations liability with an aggregate limit per project. The limits of liability can be provided in a combination of a Commercial General Liability policy and an Umbrella Liability policy, which is written on a no less than follow form basis. The policy should be written on form CG00 01 07 98 or its equivalent and shall not include any exclusions or limitations other than those incorporated in the standard form. Completed operations coverage shall be maintained for three years after the work is completed.

Worker's Compensation Insurance providing statutory benefits for Contractor’s and its subcontractor’s employees and Employer's Liability coverage in an amount that is no less than $1,000,000.

Automobile Liability Insurance, including owned, non-owned and hired car liability insurance for combined limits of liability of $5,000,000 per occurrence. The limits of liability can be provided in a combination of an Automobile Liability policy and an Umbrella Liability policy, which is written on a no less than follow form basis.

2.2 All required insurance policies shall be maintained with insurance companies licensed within the State that work is being performed and holding an AM Best rating of no less than A-, VIII. Said policies shall contain a provision that that coverage will not be canceled, non-renewed or materially changed, until at least thirty (30) days prior written notice has been provided to Agent.

2.3 Contractor agrees to have included in each of the above policies, and shall cause its subcontractors to have included in each of the above policies, except Workers Compensation, a waiver of subrogation in favor of Owner and the Indemnitees.

2.4 Owner and the other Indemnitees, and such other parties in interest as Owner or Agent may designate in writing from time to time, shall be named as additional insured except with respect to Workers Compensation. Initially, the additional insureds shall be:

1221 Avenue Holdings LLC, Rockefeller Center North, Inc., RGDC Core LLC, Rockefeller Group Development Corporation, and their respective affiliates, officers, partners, members, agents, employees, servants and assignees and mortgagees of 1221 Avenue of the Americas, NY, NY or 1271 Avenue of the Americas, NY, NY

2.5 Certificates in the customary form, i.e. Acord 25, evidencing all terms of the insurance required by this Agreement, shall be delivered to Agent or as Agent may otherwise direct, accompanied with additional insured endorsement CG2010 (1001) and CG2037 or their equivalent, simultaneously with the execution of this Agreement. Similar certificates shall be delivered evidencing the renewal or replacement of such insurance, at least 10 days prior to the effective date of such renewal or change of insurer.

3. EVERGREEN CLAUSE AND OTHER PROPERTIES

This Agreement will remain in force unless cancelled in writing upon sixty days written notice to Owner and Agent delivered to their VP of Operations, Rockefeller Group Development Corporation, 1271 Avenue of the Americas, 24th Floor, New York, NY 10020 or such other address as it may direct. In addition, to the extent any Contractor delivers goods, renders services, and/or performs work at any premises other than the Buildings and other properties in which affiliates of Agent have an ownership interest or for which Agent or its affiliates render services of any kind (including building management services), this Agreement will apply.

Please acknowledge your agreement to this Agreement by signing below.

Agreed:

Counterparty Name

RGDC CORE LLC, as agent for 1221 Avenue Holdings LLC and Rockefeller Center North, Inc.

By: ______________________

By: ______________________

Name: Michael Wildes

Title:

Signature of Officer w/Authority to Bind Vendor

Vice President,

Property Operations