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personal injury, bodily injury and property damage and claims arising out of or related to the
<br /> performance under this Agreement by the Consultant or his agents, Consultants and employees.
<br /> 7.1.2 The minimum insurance rating for any company insuring the Consultant shall be
<br /> Best's A-. If the Consultant does not meet the insurance requirements, it is suggested that the
<br /> County's Risk Manager be consulted prior to finalizing this Agreement.
<br /> 7.2 Limits of Coverage
<br /> 7.2.1 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
<br /> 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 $1,000,000
<br /> 7.2.2 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 that the County shall receive not less than thirty (30) days
<br /> prior written notice of any cancellation, non-renewal or reduction of coverage.
<br /> 7.3 Indemnity. The Consultant agrees to indemnify and hold harmless the County
<br /> from all loss, liability, claims or expense, including attorney's fees, arising out of or related to:
<br /> (a)the Proposal, Statement of Work, services, content or deliverables provided by the Consultant
<br /> hereunder(b)the negligent or wrongful, intentional acts, omission or errors of the Consultant, its
<br /> employees or subcontractors, if any, (c) alleged or actual violations by Consultant, its employees,
<br /> agents or representatives of any governmental law, rule, ordinance, resolution, requirement,
<br /> mandate, or regulation; (d) fraud committed on part of Consultant, its employees, agents or
<br /> representatives (e) actual or alleged infringement or violation of any intellectual property right,
<br /> including, without limitation, trademarks, service marks, patents, copyrights, misappropriation of
<br /> trade secrets or any similar proprietary rights, or any violation of any third party rights based
<br /> upon any deliverables, information, materials, reports furnished by Consultant to the County and
<br /> its use thereof by the County; and/or (f) any third party claims arising out of Consultant's
<br /> representations, warranties, covenants, or other obligations relating to security, information
<br /> protection, data encryption, confidentiality or other information stated in the Consultant's
<br /> Proposal, except to the extent same are caused by the negligence or willful misconduct of the
<br /> County. it is the intent of this provision to require the Consultant to indemnify the County to the
<br /> fullest extent permitted under North Carolina law.
<br /> ARTICLE 8 AMENDMENTS TO THE AGREEMENT
<br /> Revised July 2012
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