S Purchasing - Resolute Building Company Central Orange Senior Center & Sportsplex Renovation

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way be construed to limit or ad|rn\note the liability of the Contractor, which arises from performance of Work under the Agreement. The Contractor isstrictly responsible for any losseo, daime, and coots of any kind which exceed the Contnsoto^o limits of liability, or which may be outside the coverage scope of the policies. The insurance by byt�CMA�m�mh�d specified to do such busines� in the State of North Carolina, and on terms approved by � the CK4AR. Insurance companies utilized shall have a minimum rating of A- and Class VII as evaluated by the most current A.M. Best Rating Guide. If the insurer has a Best Rating less than A- and Class VII, the Contractor must receive specific written approval from the CMAR prior to under the Agreement. ". agents ~ and brokers shall ._- valid licenses from - the State of North Carolina. The.Contractor shall furnish to the CMAR a certificate or certificates of insurance in o form satisfactory to the CMAR contemporaneously with the executed Construction Agreement. Upon request of the CyWAR. the Contractor shall provide the CyWAR with certified copies of the insurance policies required by this Artic|e, including without limitation declaration pogen, comdihono, exclusions and endorsements, and confirmation that each policy premium has been paid for the required term of this Agreement. Certificates of insurance shall be signed by a person authorized by that insurer bm bind coverage on its behalf. All insurance po||o|oa shall pnx/ide, as evidenced by Certificates of |nouranom, that the insurance shall not be uonmelad, reduced, naethct»d, or changed in any way without at least thirty (30) days prior written notice to the CyNAR and the Owner. With regard to expiration, oanoeUaUon, reduction, roob1odon, or any other chunQe, certificates shall state: "Should any of the following described policies be canceled before expiration date orbodue to expire within thirty (3O)dayo the insurer shall mail thirty (3O) days ' prior vv��en notice to nmrnad certificate holder." ho|doc" |n the event of any such conooUation, non-nennwo|, reduction, restriction, or change in any insurance, the Contractor is obligated to replace such '- insurance within seven (7) days without a gap in coverage and file accordingly such notice / > with the CYWAR and the Ommer, and other interested parties. Failing immediate receipt of \ evidence ofsuch replacement ofinsurance, thuCK4AR reserves the right to procure such insurance as the CMAR considers desirable and the Contractor shall pay or reimburse the cost of the premium in respect thereof. |tim expressly provided, however, that any action or inaction on the part of the CK8AR in this respect ohoU in no way change or reduce the Contractor's responsibilities and |iobi|iUau under this Agreement. Self-funded, policy 8nnbng, or other non-hok transfer insurance mechanisms one not acceptable without prior written approval of the OyWAR. Full disclosure of such o pnoQnann must be made prior to commencing mobilization to the Project eite. Failure tu make a full disclosure constitutes a material breach nf the Agreement, justifying termination for default. The Contractor shall name the CMAR, the Owner, the Designer and their respective consultants as additional insureds under all its insurance contracts (except workers' compensation) with respect to and including without limitation liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the. Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to additional insured For any claims related to this Project, the Contractor's insurance or self-insurance shall be primary and noncontributory with respect to the CKXAR Owner or Designer insurance. Any insurance or self-insurance maintained by the CMAR, the Owner or the Designer shall be excess and noncontributory with respect bo the Contractor's insurance. All policies of insurance except as noted in paragraph 5.2 shall contain m clause waiving rights of subrogation against the CMAR. the Owner and the Designer, unless the CMAR ( > `— GENERAL CONDITIONS FOR CMAT RISK PROJECT 9 of42 JUNE 2OO7EDITION