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(d) <br />(e) <br />(fl <br />(g) <br />(h) <br />(i) <br />0) <br />(k) <br />(iii) Owned by Contractor's employees and <br />used in performance of this contract ("non - <br />owned vehicle insurance "). Non -owned <br />vehicle insurance protects employers when <br />employees use their personal vehicles for <br />work purposes. Non -owned vehicle <br />insurance supplements, but does not <br />replace, the car- owner's liability insurance. <br />The Contractor is not required to provide and maintain <br />automobile liability insurance on any vehicle — owned, <br />hired, or non -owned -- unless the vehicle is used in the <br />performance of this contract. <br />Transportation of Clients by Contractor: The contractor <br />will maintain Insurance requirements if required as <br />noted under Article 7 Rule R2 -36 of the North Carolina <br />Utilities Commission. <br />Professional Liability Insurance - Professional liability <br />insurance, covering personal injury, bodily injury and <br />property damage and claims arising out of or related to <br />the performance under this Agreement by the Provider, <br />or his agents, or Providers employees. Maintain <br />professional liability insurance coverage with coverage <br />of at least $1 million, per occurrence, $2 million <br />aggregate while providing services to the Department, <br />proof of such insurance shall be submitted annually. <br />The insurance coverage minimums specified in <br />subparagraph (a) are exclusive of defense costs. <br />The Contractor understands and agrees that the <br />insurance coverage minimums specified in <br />subparagraph (a) are not limits, or caps, on the <br />Contractor's liability or obligations under this contract. <br />The Contractor may obtain a waiver of any one or more <br />of the requirements in subparagraph (a) by <br />demonstrating that it has insurance that provides <br />protection that is equal to or greater than the coverage <br />and limits specified in subparagraph (a). The County <br />shall be the sole judge of whether such a waiver should <br />be granted. <br />The Contractor may obtain a waiver of any one or more <br />of the requirements in paragraph (a) by demonstrating <br />that it is self - insured and that its self - insurance provides <br />protection that is equal to or greater than the coverage <br />and limits specified in subparagraph (a). The County <br />shall be the sole judge of whether such a waiver should <br />be granted. <br />Providing and maintaining the types and amounts of <br />insurance or self - insurance specified in this paragraph is <br />a material obligation of the Contractor and is of the <br />essence of this contract. <br />The Contractor shall only obtain insurance from <br />companies that are authorized to provide such coverage <br />and that are authorized by the Commissioner of <br />Insurance to do business in the State of North Carolina. <br />7 <br />Contract 468 -2001 <br />Holcomb and Cabe, L.L.P. <br />All such insurance shall meet all laws of the State of <br />North Carolina. <br />(1) The Contractor shall comply at all times with all lawful <br />terms and conditions of its insurance policies and all <br />lawful requirements of its insurer. <br />(m) The Contractor shall require its subcontractors to <br />comply with the requirements of this paragraph. <br />(n) The Contractor shall demonstrate its compliance with <br />the requirements of this paragraph by submitting <br />certificates of insurance to the County before the <br />Contractor begins work under this contract. <br />Default and Termination <br />Termination Without Cause: The County may terminate <br />this contract without cause by giving 30 days written <br />notice to the Contractor. <br />Termination for Cause: If, through any cause, the <br />Contractor shall fail to fulfill its obligations under this <br />contract in a timely and proper manner, the County shall <br />have the right to terminate this contract by giving written <br />notice to the Contractor and specifying the effective date <br />thereof. In that event, all finished or unfinished deliverable <br />items prepared by the Contractor under this contract shall, <br />at the option of the County, become its property and the <br />Contractor shall be entitled to receive just and equitable <br />compensation for any satisfactory work completed on such <br />materials, minus any payment or compensation previously <br />made. Notwithstanding the foregoing provision, the <br />Contractor shall not be relieved of liability to the County <br />for damages sustained by the County by virtue of the <br />Contractor's breach of this agreement, and the County may <br />withhold any payment due the Contractor for the purpose <br />of setoff until such time as the exact amount of damages <br />due the County from such breach can be determined. In <br />case of default by the Contractor, without limiting any <br />other remedies for breach available to it, the County may <br />procure the contract services from other sources and hold <br />the Contractor responsible for any excess cost occasioned <br />thereby. The filing of a petition for bankruptcy by the <br />Contractor shall be an act of default under this contract. <br />Waiver of Default: Waiver by the County of any default <br />or breach in compliance with the terms of this contract by <br />the Provider shall not be deemed a waiver of any <br />subsequent default or breach and shall not be construed to <br />be modification of the terms of this contract unless stated <br />to be such in writing, signed by an authorized <br />representative of the County and the Contractor and <br />attached to the contract. <br />Availability of Funds: The parties to this contract agree <br />and understand that the payment of the sums specified in <br />General Terms and Conditions - 3 -28 -2013 Page 2 of 5 <br />