subject to the terms and conditions of the Subcontractor Agreement between the parties, which is incorporated herein by reference. In the event of a conflict between the terms and provisions of this work order and the Subcontractor’s Agreement, the terms and provisions of the subcontractor agreement shall control. All invoices, including requisite documentation, must be received within 20 days from completion of work order; any invoices not timely received will not be due and owing and will not be processed for payment.
It is expressly understood and agreed that you are an independent contractor and maintain your own business, that you regularly market and provide your services to third parties, and that you carry your own liability and workers’ compensation insurance. You have sole and exclusive authority over the manner in which you perform your work under this work order and shall provide all tools required to perform that work. You acknowledge that you may suffer a profit or a loss on this work order. To the extent that you are an individual, you have a proprietary interest in your business. Nothing contained in this work order shall be construed as creating, between any of the parties hereto or with any third party, a relationship of partnership, joint venture, or any relationship other than contractor and subcontractor. With the exception of the work required by this work order, you shall not state, represent, imply or otherwise suggest that it represents, is an agent of, or has any affiliation or connection with Action Services Group.
You shall maintain insurance, which shall be primary and non-contributory, in the following minimum amounts and that names Action Services Group and the owner of the location listed on this work order (the “Owner”) as additional insured and including CG 20 10 and CG 20 37 endorsements for each location at which you perform work under this work order:
Coverage Limits
(a) Automobile and Comprehensive General Liability Insurance (including bodily injury, personal injury, property damage, completed operations, products liability, and contractual liability)
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- $1,000,000.00
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(b) Workers’ Compensation (covering all persons engaged in performance under this subcontract)
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- Statutory Limits
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(c) Employer’s Liability (where applicable)
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- $100,000.00
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(d) Umbrella Insurance
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- $4,000,000.00
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You hereby waive all rights against Action Services Group, its agents, employees, and insurers, and the Owner, for damages caused by fire or other causes of loss to the extent such losses are covered by property insurance applicable to any services provided in conjunction with this work order or to property at or adjacent to where you perform this work order, except such rights as you may have to proceeds of insurance held by the Owner as a fiduciary. Your insurance policies shall not prohibit this waiver of subrogation, which shall be effective as to a person or entity: (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the property damaged.
