S Purchasing - Construction Manager at Risk Services for Emergency Services Facility

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Limits of coverage are not to be amended by deductible clauses of any nature without the express written consent of the CMAR. The Contractor shat! be soleljr responsible for any deductible assumptions that may exist in any insurance policies required under this Agreement. In addition, the Contractor shalt be responsible and shall not be reimbursed for any fosses arising from any risk or exposure not insured as required herein, or not covered as a result of a normal policy exclusion or that falls within the self insured retention, tf Contractor is self insured. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's I'sability. The claim provisions in the Contractor's insurance policies must specifically state the insurance company or Contractor's third party administrator, if self insured, has bath the right and duty to adjust a claim and provide defense. The policies shalt not contain any provision or definition which would serve to exclude or eliminate from coverage third party claims, including exclusions of claims for bodily or other injury to shareholders, partners, officers, directors, or employees of the insured, the premises owner, real estate manager. or the Insured's Subcontractor, or any family relative of such persons. If the policies contain any warranty stating that coverage is null and void (or words to that effect) if the Contractor does not comply with the most stringent regulations governing the Work, it shalt be modified so that coverage shall be afforded in all cases except for the Contractor's wi8ful or intentional noncompliance with applicable government regulations. Any failure by any person to comply with reporting or other provisions of the policy including breach of warranties, shalt not affect coverage provided to-the CMAR and the Owner and their respective representatives, officials, and employees. The insolvency or bankruptcy of the Insured or of the lnsured's estate shall not relieve the insurance companies of their obligations under these policies. Any clauses to the contrary are unacceptable and must be stricken. Failure to comply with these requirements shall be a material hreach of this Agreement justifying termination for default. 5.1.1 Worker's Compensation and Employers` Liability Insurance The Contractor and its Subcontractors shall procure and maintain Workers' Compensation lnsurance In the amount and type required by the State of North Carolina and federal law far atl employees employed under the Agreement who may come within the protection of Workers' Compensation Laws and covering alt operations under the Agreement whether perfamled by the Contractor or by its Subcontractors. In jurisdictions not providing complete Workers' Compensation protection, the Contractor and its Subcontractors shall maintain employers' liability 'lnsurance in an amount, form, company, and agency satisfactory to the State of North Carolina and the CMAR for the benefit of all employees not protected by Workers' Compensation Laws and covering all operations under the Agreement whether performed by the Contractor or by its Subcontractors. The Contractor shall pay such assessments as wilt protect the Contractor and the CMAR from claims under the Workers' Compensation Laws, workers' or workmen's compensation disability bane its, and other similar employee benefit acts. The current Experience Modification Factor shaft be indicated on the Certificate of lnsurance. GENERAL CONDITIONS FOR CP.^, AT RISK PROJECT 10 of 42 JUNE 2007 EDlT10N