26. Insurance
26.1
The Contractor shall effect and maintain insurance necessary to cover his liabilities under the Contract and, where the Contractor sub-contracts part of the Contract, he shall procure that any such sub-contractor effects and maintains insurance to cover its liabilities under the subcontract.
26.2
Where in compliance with Condition 26.1 the Contractor effects, or is to procure that a sub-contractor effects, professional indemnity insurance, the requisite insurance shall cover liabilities under the Contract, or sub-contract as the case may be, from the commencement of the Deliverables, or the services under the sub-contract as the case may be, until 6 years after:
26.2.1 the completion of the Deliverables; or
26.2.2 the termination of the Contract whichever is the earlier.
26.3
The Contractor shall, whenever required by the Council, produce to the Council documentary evidence showing that the insurance required by Conditions 26.1 and 26.2 has been taken out and is being maintained.
26.4
If, for whatever reason, the Contractor fails to maintain, or fails to procure that any subcontractor maintains, the insurance required by this Condition 26, the Council may make alternative arrangements necessary to protect its interests and recover the costs thereof from the Contractor, provided always that any overall limitation of liability contained in Condition 27.2.5 shall not thereby be exceeded.
26.5
The terms of any insurance or the amount of cover shall not relieve the Contractor or his sub-contractors or consultants of any liabilities under the Contract, their sub-contracts or their terms of commission.
26.6
Without prejudice to any rights or remedies of the Council (including the Council’s rights and remedies under the Contract) the Contractor shall indemnify the Council against all actions, suits, claims, demands, losses, charges, costs and expenses which the Council or any third party may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person or in respect of any consequential loss which may result directly or indirectly from the provision of the service or the negligent or wrongful act or omission of the Contractor.
26.7
The Contractor shall effect with a reputable insurance company a policy or policies of insurance at the level stated in the ITT/ITQ covering the matters which are the subject of indemnities under these Conditions and shall at the request of the Council produce the relevant policy or policies together with receipts or other evidence of payment of the latest premium due thereunder.
