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b. Insurance Rating. The minimum insurance rating for any company insuring VisionPoint shall be <br />Best's A. If VisionPoint does not meet the insurance requirements, the County's Risk Manager <br />must be consulted prior to finalizing this Agreement. <br />C. Limits of Coverage. Minimum limits of insurance coverage shall be as follows. <br />INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE <br />• Worker's Compensation Limits for Coverage A Statutory State of N.C. <br />Coverage B - Employers Liability <br />$500,000 each accident and policy limit and disease each employee <br />• Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate. <br />• Automobile Liability Combined Single Limit. $500,000 <br />• Professional Liability NOTE. Insert coverage; limits required by Risk Manager if applicable_ <br />d. Additional Insured. All insurance policies (with the exception of Worker's Compensation and <br />Professional Liability) required under this Agreement shall name the County as an additional <br />insured party. Evidence of such insurance shall be furnished to the County, together with <br />evidence that each policy provides the County with not less than thirty (30) days prior written <br />notice of any cancellation, non - renewal or reduction of coverage. <br />9. Indemnity <br />a. Indemnity. VisionPoint, and to the extent permitted by applicable law, the County, agree to <br />defend, indemnify and hold harmless the other and its officers, directors, agents, employees and <br />representatives from any loss, cost or expense (including reasonable attorney fees and court <br />costs) resulting from or arising out of or. in connection with its breach of the Agreement, or any <br />negligent act or omission of any of its officers, directors, agents, employees and representatives, <br />or County's use of Deliverables. It is the intent of this provision to require VisionPoint to <br />indemnify the County to the fullest extent permitted under North Carolina law. No section of this <br />agreement is intended to create a waiver of the County's rights and privileges as a sovereign <br />entity. <br />a. Application. The provisions of this Section are intended to apply in all circumstances, regardless <br />of the grounds or nature of any claim asserted (including contract, statute, any form of <br />negligence, whether of County, VisionPoint, or others, tort, strict liability or otherwise) and <br />whether or not the party seeking indemnification was. advised of the possibility of the damage or <br />loss asserted, to the extent not contrary. to applicable law. The parties' total liability shall not <br />exceed the contract amount except where the claims relate to the infringement of intellectual <br />property rights. <br />8. Amendments to the Agreement <br />a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional <br />compensation or a change in duration of this Agreement shall be made by a written Amendment <br />to this Agreement executed by the County and VisionPoint. VisionPoint shall proceed to <br />perform the Services required by the Amendment only after receiving a fully executed <br />Amendment from the County. <br />Revised May 9. 2012 <br />7 <br />