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and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d) <br /> below has been received by Owner. <br /> b. Should Owner reasonably determine that Contractor has failed to perform the Work related to <br /> a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to <br /> cure the breach. Owner may withhold the accompanying payment without penalty until such <br /> time as Contractor cures the breach. <br /> (i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or <br /> fail to reasonably agree to such modified schedule, Owner may immediately terminate <br /> this Agreement in writing, without penalty or incurring further obligation to <br /> Contractor. <br /> (ii) This section shall not be interpreted to limit the definition of breach to the failure to <br /> perform the Work related to a Request for Payment. <br /> c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any <br /> authority on the Work or the labor and materials used therein. It shall be the Contractor's <br /> responsibility to furnish the Owner documentary evidence showing the materials used and <br /> sales and use tax paid by the Contractor and each of its subcontractors. <br /> d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the <br /> Work performed related to a Request for Payment, Owner shall have the authority to withhold <br /> payment of the disputed amount until parties resolve their dispute. Failure to pay the <br /> Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the <br /> Agreement. <br /> 7. INSURANCE AND BONDS <br /> a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance <br /> required under this Agreement and the Contractor shall include all Subcontractors as Insureds <br /> under its policies, or shall furnish separate certificates, policies, and endorsements for each <br /> Subcontractor the Contractor intends to use. If a Subcontractor does not take out insurance in <br /> its own name and the Contractor wishes to provide insurance protection for such Subcontractor <br /> and such Subcontractor's employees, the Contractor shall either (a) procure appropriate <br /> policies in the name of the Subcontractor, or (b) cause a rider or riders to be attached to the <br /> Contractor's policies which shall identify the Subcontractor thereby covered; provided <br /> however, in the case of the latter option, such a rider need not be attached to the Contractor's <br /> worker's compensation policy if such policy by its terms is sufficiently broad to cover the <br /> employees of all Subcontractors performing Work under the Contract Documents. All <br /> required insurance shall be procured from insurance companies licensed to do business in <br /> North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the <br /> following types of insurance shall be maintained continuously during the life of the Project <br /> until Final Completion of the Work. Coverages shall be maintained continuously during the <br /> life of the Project until Final Completion of the Work for the following types of insurance in <br /> the amounts listed: <br /> (i) Worker's Compensation Insurance with limits for Coverage A Statutory - State of <br /> North Carolina and Coverage B Employers Liability $500,000 each accident and <br /> policy limit and disease each employee. <br /> Revised November 2011 6 <br />