Orange County NC Website
Browse       Search
of the Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. <br />The coverage shall contain no special limitations on the scope of protection afforded to <br />additional insureds. <br />For any claims related to this Project, the Contractor's insurance or self-insurance shall be <br />primary and noncontributory with respect to the CM, Owner or Designer insurance. Any <br />insurance or self-insurance maintained by the CM, the Owner or the Designer shall be <br />excess and noncontributory with respect to the Contractor's insurance. <br />All policies of insurance except as noted in paragraph 5.2 shall contain a clause waiving <br />rights of subrogation against the CM, the Owner and the Designer, unless the CM <br />approves otherwise in writing. <br />Limits of coverage are not to be amended by deductible clauses of any nature without the <br />express written consent of the CM. The Contractor shall be solely responsible for any <br />deductible assumptions that may exist in any insurance policies required under this <br />Agreement. In addition, the Contractor shall be responsible and shall not be reimbursed for <br />any losses arising from any risk or exposure not insured as required herein, or not covered <br />as a result of a normal policy exclusion or that falls within the self insured retention, if <br />Contractor is self insured. <br />The Contractor's insurance shall apply separately to each insured against whom claim is <br />made or suit is brought, except with respect to the limits of the insurer's liability. <br />The claim provisions in the Contractor's insurance policies must specifically state the <br />insurance company or Contractor's third party administrator, if self insured, has both the <br />right and duty to adjust a claim and provide defense. <br />The policies shall not contain any provision or definition which would serve to exclude or <br />eliminate from coverage third party claims, including exclusions of claims for bodily or other <br />injury to shareholders, partners, officers, directors, or employees of the insured, the <br />premises owner, real estate manager, or the insured's Subcontractor, or any family relative <br />of such persons. <br />If the policies contain any warranty stating that coverage is null and void (or words to that <br />effect) if the Contractor does not comply with the most stringent regulations governing the <br />Work, it shall be modified so that coverage shall be afforded in all cases except for the <br />Contractor's willful or intentional noncompliance with applicable government regulations. <br />Any failure by any person to comply with reporting or other provisions of the policy <br />including breach of warranties, shall not affect coverage provided to the CM and the Owner <br />and their respective representatives, officials, and employees. <br />The insolvency or bankruptcy of the Insured or of the Insured's estate shall not relieve the <br />insurance companies of their obligations under these policies. Any clauses to the contrary <br />are unacceptable and must be stricken. <br />Failure to comply with these requirements shall be a material breach of this Agreement <br />justifying termination for default. <br />5.1.1 Worker's Compensation and Employers' Liability Insurance <br />The Contractor and its Subcontractors shall procure and maintain Workers' Compensation <br />Insurance in the amount and type required by the State of North Carolina and federal law <br />for all employees employed under the Agreement who may come within the protection of <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 10 of 43 JUNE 2007 EDITION <br />