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영문계약서에서 언급되는
보험가입에 대한 기본적인 내용들을 기술해 봤습니다.
CGL(Commercial General Liability, Comprehensive General Liability)을 기본으로 하여,
Product Liability, Professional Imdemnity, Workers Compensation, Employer's Liability, Completed Operation Hazard 등의 내용을 포함하고 있는 경우가 일반적입니다.
*영문계약서 보험조항 예시
Case1) Manufacturing Agreement
12.4 Product Liability and Workers Compensation Insurance
Each Party shall maintain, during the term of this Agreement and for a period of one (1) year thereafter, product liability in an amount not less than [CONFIDENTIAL TREATMENT REQUESTED] per occurrence and aggregate and shall maintainworkers compensation insurance as required under applicable laws.
Case2)Technology Transfer and Manufacturing Agreement
Section 14. Insurance.
Laureate agrees to maintain a standard property insurance policy covering the Materials, Process Equipment, Process Consumables and Filling Components while under control and care of Laureate, during the performance of the Program.
Discovery agrees to maintain a standard property insurance policy covering the Product Dedicated Equipment. Discovery shall also maintain general liability insurance including bodily injury, death and property damage in the amount of Two Million Dollars (US $2,000,000) per occurrence and
Ten Million Dollars (US $10,000,000) in the aggregate including product liability coverage during all times when the Drug Product is being used clinically, and thereafter, covering the Drug Product and Materials or any harms caused by the Drug Product and Materials, and to name Laureate as an additional insured under such policy at no cost to Laureate.
Discovery further agrees to provide Laureate with a Certificate(s) of Insurance issued to Discovery for an insurance policy or policies directed to the aforementioned insurance coverage, in which Laureate is named as an additional insured.
Case3)Contract Manufacturing Agreement
ARTICLE 16 - INSURANCE
16.1 At all times while the Agreement is in effect, A Company will procure and maintain, at its own expense and for its own benefit, Comprehensive/Commercial General Liability Insurance (including contractual liability, products liability, and completed operations) with a bodily injury, death, and property damage combined single limit of $5,000,000 per occurrence.
The scope of this coverage is to be occurrence form, equivalent to standard ISO forms with no limiting modifications.
16.2 A Company will furnish B Company a certificate(s) from an insurance carrier (having a minimum AM Best rating of A) showing all insurance set forth above.
The certificate(s) will include the following statement: "The insurance certified hereunder is applicable to all contracts between B Company and the Insured. This insurance may be canceled or altered only after thirty (30) days written notice to B Company." The insurance, and the certificate(s), will
(1) name B Company (including B Company's officers, directors, employees, affiliates, agents, successors, and assigns) as additional insureds with respect to matters arising from this Agreement,
(2) provide that such insurance is primary to any liability insurance carried by B Company, and
(3) provide that underwriters and insurance companies of A Company may not have any right of subrogation against B Company (including B Company's officers, directors, employees, affiliates, agents, successors, and assigns). The insurance will contain an ordinary deductible.
Failure of any of the terms and conditions of this Article 16 will be considered a material
breach under this Agreement.
Case4) Manufacturing Agreement
ARTICLE 11 INDEMNIFICATION; INSURANCE
11.1 INDEMNIFICATION AND INSURANCE.
Indemnification and insurance coverage will be provided under and pursuant to and in accordance with the terms of Article 11 of the Assignment Agreement, which terms of such Article11 are by this reference incorporated in and made a part of this Manufacturing agreement, and all of which for purposes of this Manufacturing Agreement will survive any termination or expiration of the Assignment Agreement.
11.2 LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, EXCEPT FOR THE COSTS AND EXPENSES OF RECALL ENUMERATED IN SECTION 10.2 OF THIS MANUFACTURING AGREEMENT (OTHER THAN LOST PROFITS)TO THE EXTENT SUCH COSTS AND EXPENSES CONSTITUTE INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS) OR PUNITIVE DAMAGES,
HOWEVER CAUSED OR UPON ANY THEORY OF LIABILITY (INCLUDING A PARTY'S OR ITS AFFILIATES' OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (OR THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY'S OR A PARTY'S AFFILIATES' EMPLOYEES, AGENTS OR CONTRACTORS)).
Case5) Manufacturing Agreement
3.5 Insurance.
Each of Buyer and Seller shall obtain and maintain in full force during the Term of this Agreement insurance policies from a reputable insurance company or pursuant to a self-insurance program providing such Party with insurance coverage for the Products that is reasonably consistent with the levels of insurance coverage customarily maintained in the pharmaceutical industry.
기업보험전문가그룹(인슈캄파니) www.InsuCompany.com
영업배상책임보험,시설소유자배상책임보험,CGL,Commercial liability Insurance,Comprehensive General Liability
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