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Contract#68-2013 <br /> Dr.Betty Rintoul <br /> c. owned by Contractor's employees and (k) The Contractor shall comply at all times with all <br /> used in performance of this contract lawful terms and conditions of its insurance <br /> ("non-owned vehicle insurance"). Non- policies and all lawful requirements of its insurer. <br /> owned vehicle insurance protects (1) The Contractor shall require its subcontractors to <br /> employers when employees use their comply with the requirements of this paragraph. <br /> personal vehicles for work purposes.Non- (m) The Contractor shall demonstrate its compliance <br /> owned vehicle insurance supplements,but with the requirements of this paragraph by <br /> does not replace,the car-owner's liability submitting certificates of insurance to the County <br /> insurance. before the Contractor begins work under this <br /> The Contractor is not required to provide and contract. <br /> maintain automobile liability insurance on any <br /> vehicle-owned,hired,or non-owned—unless the Default and Termination <br /> vehicle is used in the performance of this contract. <br /> (d) Professional Liability Insurance- Professional Termination Without Cause:The County may terminate <br /> liability insurance, covering personal injury, this contract without cause by giving 30 days written <br /> bodily injury and property damage and claims notice to the Contractor. In that event, all finished or <br /> arising out of or related to the performance under unfinished deliverable items prepared by the Contractor <br /> this Agreement by the Provider, or his agents, or under this contract shall, at the option of the County, <br /> Providers employees. Maintain professional become its property and the Contractor shall be entitled to <br /> liability insurance coverage with coverage of at receive just and equitable compensation for any <br /> least $1 million, per occurrence, $2 million satisfactory work completed on such materials,minus any <br /> aggregate while providing services to the payment or compensation previously made. <br /> Department, proof of such insurance shall be <br /> submitted annually. Termination for Cause: If, through any cause, the <br /> (e) The insurance coverage minimums specified in Contractor shall fail to fulfill its obligations under this <br /> subparagraph(a)are exclusive of defense costs. contract in a timely and proper manner,the County shall <br /> (f) The Contractor understands and agrees that the have the right to terminate this contract by giving written <br /> insurance coverage minimums specified in notice to the Contractor and specifying the effective date <br /> subparagraph (a) are not limits, or caps, on the thereof. In that event,all finished or unfinished deliverable <br /> Contractor's liability or obligations under this items prepared by the Contractor under this contract shall, <br /> contract. at the option of the County, become its property and the <br /> (g) The Contractor may obtain a waiver of any one or Contractor shall be entitled to receive just and equitable <br /> more of the requirements in subparagraph (a) by compensation for any satisfactory work completed on such <br /> demonstrating that it has insurance that provides materials,minus any payment or compensation previously <br /> protection that is equal to or greater than the made. Notwithstanding the foregoing provision, the <br /> coverage and limits specified in subparagraph(a). Contractor shall not be relieved of liability to the County <br /> The County shall be the sole judge of whether for damages sustained by the County by virtue of the <br /> such a waiver should be granted. Contractor's breach of this agreement,and the County may <br /> (h) The Contractor may obtain a waiver of any one or withhold any payment due the Contractor for the purpose <br /> more of the requirements in paragraph (a) by of setoff until such time as the exact amount of damages <br /> demonstrating that it is self-insured and that its due the County from such breach can be determined. In <br /> self-insurance provides protection that is equal to case of default by the Contractor, without limiting any <br /> or greater than the coverage and limits specified in other remedies for breach available to it,the County may <br /> subparagraph (a). The County shall be the sole procure the contract services from other sources and hold <br /> judge of whether such a waiver should be granted. the Contractor responsible for any excess cost occasioned <br /> (i) Providing and maintaining the types and amounts thereby. The filing of a petition for bankruptcy by the <br /> of insurance or self-insurance specified in this Contractor shall be an act of default under this contract. <br /> paragraph is a material obligation of the <br /> Contractor and is of the essence of this contract. Waiver of Default: Waiver by the County of any default <br /> (j) The Contractor shall only obtain insurance from or breach in compliance with the terms of this contract by <br /> companies that are authorized to provide such the Provider shall not be deemed a waiver of any <br /> coverage and that are authorized by the subsequent default or breach and shall not be construed to <br /> Commissioner of Insurance to do business in the be modification of the terms of this contract unless stated <br /> State of North Carolina. All such insurance shall to be such in writing, signed by an authorized <br /> meet all laws of the State of North Carolina. <br /> General Terms and Conditions—(07/10) Page 2 of 5 <br />