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vvoy be construed to limit or eliminate the |iabUitv'ofthe Co6tractor, which*. arlsma from <br />performance of Work under the Agreement. The Contractor |e strictly responsible for any <br />|0000e' dakna' and costs of any kind which exceed the Contractor's |(m|te of <br />' ||ab(Uhh or.. <br />The insurance specified shall be provided bvan|n surer- approv ` ed6«the CMAR, authorized <br />to do such business in the State of North Carolina, end .on.tenno approved by the CK4AR. <br />Insurance companies utilized shall have a minimum rating.of A-.and Class V11 as evaluated <br />by the most current A.K4. Best Rating Guide. |fU\e`nauner has a Best Rating less than A­ <br />andC|eooV||.thmContractornluatnaceivebpecifiowhManepprova(fronnth� OyWAR prior ho <br />proceeding with any Work under the Agreement. /U| agents *and brokers shalt hold valid <br />licenses from the State of North Carolina. The Contractor shall furnish to the CMAR a <br />certificate or cerUfiuoh*a of - inuunanon in o form satisfactory to the CyWAF{ <br />contemporaneously with the executed Construction Agreement. Upon request of the <br />CK4AR. the Contractor ehmU provide the CK4AR with certified copies of the insurance <br />policies required by this Article, including without limitation declaration paQae. conditions, <br />exclusions and endoraomeOto, and confirmation that each .policy premium has been paid <br />for the required term of this Agreement. Certificates of insurance shall. be signed by o <br />person authorized by that insurer. to bind coverage on its behalf. All insurance policies <br />shall provide, as evidenced by Certificates of Insurance, that the insurance shall not be <br />conoe|ed, reduced, naethcded' or changed in. any way without at least thirty /301 days prior <br />-written notice to the CM/\R and the*Qvvner. *With mogend to expiradion, cancellation, <br />reduction, restriction, or any other change, .cmrtifiocdaaahaUstate: -"8hoV|d any ofthe <br />following described policies be canceled before eXp|roUon date or be duo to expire within <br />thirty /90\ daya, the insurer shall -rnoi| thirty /30> days prior written notice to named <br />certificate holder." In the event of any such -cancelimtion' non-renewal, reduction, <br />reabicUon, or change in any insurance/ the Contractor is obligated to replace such <br />insurance within seven (7) days without o gap in coverage and fi|a accordingly such notice <br />with the CK8&R and the Ovvner, and -other interested portieo. Failing immediate receipt of <br />evidence of such* replacement of inobr�nue. tha CM&Fl reserves the right to procure such <br />. <br />insurance as the CK4/\F{considers deairab(e'ond the'Controchor ahe!|.payo[ reimburse the <br />cost of the premium in respect thereof. |tia expressly provided, however, that any action or <br />inaction on the pad of the CWYAR in this respect' shall in no way change or reduce the <br />Contractor's responsibilities and liabilities �under ` this Agreement. Self-funded, policy <br />fronting, or other non-risk transfer insurance mechanisms are not acceptable without prior <br />vvhttaD approval of the CK8AF|. FU|} disclosure of such a program must be made prior to <br />commencing mobilization to the Project site. Fai|unato nnaba afuU disclosure constitutes a <br />material breach of the Agreement, justifying termination for default. <br />The Contractor shall name the CMAR, the' Owner, the Designer and their. respective <br />consultants as additional insureds under all, its insurance contracts workers' <br />compensation) with respect to and including without' -limitation 1iabi|i . arising out of <br />activities performed by or on behalf of the Contractor,* products and completed operations <br />of the Contractor, and automobiles owned, hired' leaomd, 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 dohn related this and <br />primary <br />insurance or self-insurance maintained by fhe CMAR. the Owner or the Designer shall be ', <br />excess and non with respect ' the Contractor's insurance. <br />- <br />AU policies of insurance except as noted in paragraph 5.2 aheU cohtana clause waiving <br />. <br />rights of subrogation against the CK8AR. the Owner and the Designer, unless the CMk4R <br />approves otherwise |D writing. <br />, <br />` <br />�GENERAL CONNTIONS FOR CM4J' RISK PROJECT' Bof � <br />` <br />JUNE 2OO7EDITION <br />