During the term of this Agreement, Captain shall devote as much productive time, energy and abilities as is needed and necessary to perform the required duties in a timely and productive manner. The Captain is expressly free to perform services for other parties while performing services for the Employer.
SECTION 5: INSURANCE
The Captain shall obtain and maintain in force, at their own expense, throughout the performance of his/her obligations under this Agreement, insurance coverage against claims, regardless of when asserted, that may arise out of, or result from, Captain’s operations in connection with the services or duties described above. This insurance shall include the following coverage(s) that is (are) checked below:
COMPREHENSIVE GENERAL LIABILITY
Captain agrees to maintain a policy of insurance in the minimum amount of $1,000,000, including broad form contractual liability and personal injury endorsements, providing coverage against liability for bodily injury, death and property damages for any negligent acts committed by Captain or his employees or agents during the performance of any duties under this Agreement. Captain further agrees to hold Employer free and harmless from any and all claims arising from any such negligent act or omission.
WORKERS COMPENSATION AND EMPLOYER’S LIABILITY (if required by State law)
Captain agrees to provide worker’s compensation insurance for Captain’s employees and agents and agrees to hold harmless and indemnify Employer for any and all claims arising out of any injury, disability, or death of any of Captain’s employees or agents.
SECTION 6: MISCELLANEOUS PROVISIONS
6.1 The provisions of this Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors and assigns of the parties.
6.2 In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorney’s fees. Additionally, in the event, a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney’s fees at the trial level and on appeal.
6.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, not shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.