Contract - IHCDA - Mortgage Foreclosure Prevention Counseling

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The Contractor shall provide proof of such insurance coverage by tendering to the undersigned IHCDA representative a certificate of insurance upon request and proof of workers compensation coverage meeting all statutory requirements of IC 22-3-2, upon request. In addition, proof of an "all states endorsement" covering claims occurring outside the State is required if any of the services provided under this Contract involve work outside of Indiana. The Contractor's insurance coverage must meet the following additional requirements; 1. The insurer must have a certificate of authority or other appropriate authorization to operate in the state in which the policy was issued. Any deductible or self -insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the Contractor. 1HCDA will be defended, indemnified and held harmless to the full extent of any coverage actually secured by the Contractor in excess of the minimum requirements set forth above. The duty to indemnify IHCDA under this Contract shall not be limited by the insurance required in this Contract. The insurance required in this Contract, through a policy or endorsement(s), shall include a provision that the policy and endorsements may not be canceled or modified without thirty (30) days' prior written notice to IHCDA. The Contractor waives and agrees to require their insurer to waive their rights of subrogation against IHCDA. Failure to provide insurance as required in this Contract may be deemed a material breach of contract entitling IHCDA to immediately terminate this Contract. The Contractor shall furnish a certificate of insurance and all endorsements to IHCDA upon request. Key Person(s). A. If both parties have designated that certain individual(s) are essential to the services offered, the parties agree that should such individual(s) leave their employment during the term of this contract for whatever reason, IIJCDA shall have the right to terminate this Contract upon thirty (30) days prior written notice. In the event that the Contractor is an individual, that individual shall be considered a key person and, as such, essential to this Contract. Substitution of another for the Contractor shall not be permitted without express written consent of IHCDA. Nothing in subsection A and B above shall be construed to prevent the Contractor from using the services of others to perform tasks ancillary to those tasks which directly require the expertise of the key person. Examples of such ancillary tasks include secretarial, clerical, and common labor duties. The Contractor shall, at all times, remain responsible for the performance of all necessary tasks, whether performed by a key person or others. Key person(s) to this Contract is/are Pamela Meyer, Nancy Schrager, and Hedy Robbinson. (00028595-1) Page 10 of 39