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7.1.1.3 Worker's Compensation Insurance with statutory limits, as <br />required by the state in which the work is to be <br />pertormed, and Employer's Liability Insurance of not less <br />than five hundred thousand dollars ($500,000). <br />7.1.1.4 Professional Liability or Errors and Omissions Insurance <br />with a minimum limit of $1,000,000 per claim and an <br />annual aggregate of $1,000,000. Where this insurance is <br />written on a claims made basis, such insurance shall be <br />maintained for at least 2 years after completion of the <br />work and Subconsultant shall annually provide Client with <br />certificates as evidence the insurance is in force, so long <br />as such insurance is commercially available to the <br />Subconsultant at a reasonable price. <br />7.1.2 Certificates: Prior to beginning work, Certificates of insurance shall be <br />furnished by the Subconsultant evidencing that the coverage will be in <br />effect throughout the pertormance of the work and will not be canceled <br />or materially changed until at least thirty (30) days prior written notice <br />has been given to the Client. The insurance .coverage at 7.1.1.1 and <br />7.1.1.2 .above shall name Orange County, North Carolina, their <br />employees, officers, and directors as additional insured with respect to <br />the work to be provided under this Agreement. The insurance provided <br />by Subconsultant is primary with respect to the interests of the Client <br />and any other insurance acquired or maintained by them. Client's <br />insurance shall be excess and non-contributory. Subconsultant and <br />insurers agree to waive any and all rights of subrogation against the <br />Client. <br />7.1.3 Subtler Subconsultants: The Subconsultant agrees to flow down <br />.these insurance requirements to all Subtler Subconsultants. and <br />Subcontractors that provide any services or work. <br />7.2 Indemnification: The Subconsultant shall defend, indemnify, and hold <br />harmless the Client, and its agents, officers, directors, and employees from <br />and against any and all claims, liability, losses, cost or expenses, including <br />attorney's fees, arising out of the negligent acts, errors or omissions of the <br />Subconsultant, its officers, agents, employees, Subtler Subconsultants, and <br />anyone directly or indirectly employed by any of them or anyone for whose <br />acts any of them may be liable. This indemnification obligation shall not be <br />limited in any way by required, actual, or available insurance coverage. <br />7.3 Intellectual Property Rights: The Subconsultant warrants that it is not <br />aware of any copyright, patent, trademark, trade secret or other proprietary <br />right that it might infringe upon in providing the work required under this <br />Agreement. The Subconsultant shall indemnify and save the Client harmless <br />from any and all claims, suits, liability, expense or damages for any alleged or <br />actual infringement of any copyright, patent, trademark, trade secret or other <br />proprietary right arising in connection with the work provided by the <br />Subconsultant under this agreement. <br />PageSofll <br />