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Contract#68-2001 <br /> Northen Blue,L.L.P. <br /> b. hired by the Contractor and used in the Commissioner of Insurance to do business in the <br /> performance of this contract;and State of North Carolina. All such insurance shall <br /> c. owned by Contractor's employees and meet all laws of the State of North Carolina. <br /> used in performance of this contract (k) The Contractor shall comply at all times with all <br /> ("non-owned vehicle insurance"). Non- lawful terms and conditions of its insurance <br /> owned vehicle insurance protects policies and all lawful requirements of its insurer. <br /> employers when employees use their (I) The Contractor shall require its subcontractors to <br /> personal vehicles for work purposes.Non- comply with the requirements of this paragraph. <br /> owned vehicle insurance supplements,but (m) The Contractor shall demonstrate its compliance <br /> does not replace,the car-owner's liability with the requirements of this paragraph by <br /> insurance. submitting certificates of insurance to the County <br /> The Contractor is not required to provide and before the Contractor begins work under this <br /> maintain automobile liability insurance on any contract. <br /> vehicle–owned,hired,or non-owned—unless the <br /> vehicle is used in the performance of this contract. Default and Termination <br /> (d) Professional Liability Insurance- Professional <br /> liability insurance, covering personal injury, Termination Without Cause:The County may terminate <br /> bodily injury and property damage and claims this contract without cause by giving 30 days written <br /> arising out of or related to the performance under notice to the Contractor. In that event, all finished or <br /> this Agreement by the Provider, or his agents, or unfinished deliverable items prepared by the Contractor <br /> Providers employees. Maintain professional under this contract shall, at the option of the County, <br /> liability insurance coverage with coverage of at become its property and the Contractor shall be entitled to <br /> least $1 million, per occurrence, $2 million receive just and equitable compensation for any <br /> aggregate while providing services to the satisfactory work completed on such materials,minus any <br /> Department, proof of such insurance shall be payment or compensation previously made. <br /> submitted annually. <br /> (e) The insurance coverage minimums specified in Termination for Cause: If, through any cause, the <br /> subparagraph(a)are exclusive of defense costs. Contractor shall fail to fulfill its obligations under this <br /> (t) The Contractor understands and agrees that the contract in a timely and proper manner,the County shall <br /> insurance coverage minimums specified in have the right to terminate this contract by giving written <br /> subparagraph (a) are not limits, or caps, on the notice to the Contractor and specifying the effective date <br /> Contractor's liability or obligations under this thereof. In that event,all finished or unfinished deliverable <br /> contract. items prepared by the Contractor under this contract shall, <br /> (g) The Contractor may obtain a waiver of any one or at the option of the County, become its property and the <br /> more of the requirements in subparagraph(a)by Contractor shall be entitled to receive just and equitable <br /> demonstrating that it has insurance that provides compensation for any satisfactory work completed on such <br /> protection that is equal to or greater than the materials,minus any payment or compensation previously <br /> coverage and limits specified in subparagraph(a). made. Notwithstanding the foregoing provision, the <br /> The County shall be the sole judge of whether Contractor shall not be relieved of liability to the County <br /> such a waiver should be granted. for damages sustained by the County by virtue of the <br /> (h) The Contractor may obtain a waiver of any one or Contractor's breach of this agreement,and the County may <br /> more of the requirements in paragraph (a) by withhold any payment due the Contractor for the purpose <br /> demonstrating that it is self-insured and that its of setoff until such time as the exact amount of damages <br /> self-insurance provides protection that is equal to due the County from such breach can be determined. In <br /> or greater than the coverage and limits specified in case of default by the Contractor, without limiting any <br /> subparagraph (a). The County shall be the sole other remedies for breach available to it,the County may <br /> judge of whether such a waiver should be granted. procure the contract services from other sources and hold <br /> (i) Providing and maintaining the types and amounts the Contractor responsible for any excess cost occasioned <br /> of insurance or self-insurance specified in this thereby. The filing of a petition for bankruptcy by the <br /> paragraph is a material obligation of the Contractor shall be an act of default under this contract. <br /> Contractor and is of the essence of this contract. <br /> (j) The Contractor shall only obtain insurance from Waiver of Default: Waiver by the County of any default <br /> companies that are authorized to provide such or breach in compliance with the terms of this contract by <br /> coverage and that are authorized by the the Provider shall not be deemed a waiver of any <br /> General Terms and Conditions—(07/10) Page 2 of 5 <br />