Orange County NC Website
incurring further obligation to Contractor. This section shall not be interpreted to limit the <br /> definition of breach to the failure to perform the Work related to a Request for Payment. <br /> c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any <br /> authority on the Work or the labor and materials used therein. It shall be the Contractor's <br /> responsibility to furnish the Owner documentary evidence showing the materials used and <br /> sales and use tax paid by the Contractor and each of its subcontractors. <br /> 5. INSURANCE <br /> a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance <br /> required under this Agreement and the Contractor shall not commence work until such <br /> insurance is in force nor shall the Contractor allow any Subcontractor to commence work <br /> on its subcontract until all insurance required to be procured by Subcontractors hereunder <br /> has been so obtained by or for the Subcontractor. All required insurance shall be procured <br /> from insurance companies licensed to do business in North Carolina with a Best's <br /> Insurance Guide Rating of A- or better. Coverage for the following types of insurance <br /> shall be maintained continuously during the life of the Project until Final Completion of <br /> the Work. Coverages shall be maintained continuously during the life of the Project until <br /> Final Completion of the Work for the following types of insurance in the amounts listed: <br /> i. Worker's Compensation Insurance with limits for Coverage A Statutory - State of <br /> North Carolina and Coverage B Employers Liability $500,000 each accident and <br /> policy limit and disease each employee. <br /> ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each <br /> Occurrence; $1,000,000 Aggregate). <br /> iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each <br /> Occurrence; Property Damage $1,000,000 Aggregate). <br /> iv. Personal Injury,with Employment Exclusion deleted ($1,000,000 Aggregate). <br /> v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each <br /> Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 <br /> Each Occurrence). <br /> b. Additional Insured — The Owner shall be named as additional insured on all forms of <br /> insurance except Worker's Compensation. Each certificate of insurance and policy <br /> required hereunder, except the worker's compensation policy, shall bear the provision that <br /> "The policy cannot be canceled or reduced in amount and that coverage cannot be <br /> eliminated in less than thirty (30) days after mailing written notice to the Owner of such <br /> alteration, cancellation, or elimination, the written notice to be sent by Certified Mail." <br /> 6. INDEMNITY <br /> The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and <br /> its agents and employees from and against any and all claims, damages, losses and expenses, including <br /> attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided <br /> that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or <br /> death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is <br /> Revised January 2010 3 <br />