Agenda - 12-11-2007-4lxtr - Laserfiche WebLink

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Limits of coverage are not to be amended by deductible clauses of any nature without the express written cartsent of the CMAR. The Contractor shall be soleljl responsible for any deductible assumptions that may exist in any Insurance policies required under this Agreement. In addition, the Contractor shalt be responsible and shalt not be reimbursed for any tosses arising from any risk or exposure not insured as required herein, or not covered as a result of a normal policy exclusion or that fails within the self Insured retention, if Contractor is self insured. The Contractor's insurance shalt apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The daim provisions in fhe Contractor's insurance policies must specifically state the insurance company or Contractor's thud party administrator, if self insured, has bath the right and duty to adjust a claim and provide defense. The paficies shall not contain any provision or definition which would serve to exclude or eliminate from coverage third party claims, including exclusions of claims for bodily or other injury to shareholders, parkners, officers, directors, or employees of fhe insured, the premises owner, real estate manager. or the insured's Subcontractor, ar any family relative of such persons. if fie policies contain any warranty stating that coverage is null and void {or wards to that effect} if the Contractor does not comply with the most stringent regulations governing fhe Work, it shalt be modified so that coverage shall be afforded in al! cases except for the Contractor's willful or intentional noncompliance with applicable government regulations. Any failure by any person to comply wi#h reporting or other prov'sslans of the policy including breach of warranties, shall not affect coverage provided to the CMAR and the Owner and their respective representatives, aff9clals, and employees. The insolvency ar bankruptcy of the Insured or of the tnsured's estate shall nai relieve the insurance companies of their obl}gations under these policies. Any clauses to the contrary are unacceptable and must be stricken. Failure to comply with these requirements shat! be a material breach of this Agreement justifying termination for default. 5.1.'4 Worker's Compensation and Employers' Liability Insurance The Gantractor and its Subcontractors shall procure and maintain W orkers' Compensation insurance in the amount and type required by the Stake of North Caro}'ina and federal Eaw for ai! employees employed under the Agreement who may come within the protection of Workers' Compensation Laws and covering alt operations under the Agreement whether perfarrned by the Contractor or by its Subcantraetars. In jurisdictions not prav'sding complete Workers' Compensation protection, the Contractor and its Subcontractors shall maintain employers' liability insurance in an amount, form, company, and agency satisfactory to the State of North Catalina and the CMAR for the benefit of ail employees not protected by Workers' Compensaton Laws and covering all operations under the Agreement whether performed by the Gontractor or by its Subcontrac#ors. The Contractor shall pay such assessments as wilt protect the Contractor and the GMAR Pram claims under the Workers' Compensation Laws, workers' or workmen`s compensation disablity benefits, and other similar employee benefit acts. The current Experience Madificatian Factor shall be indicated on the Certificate of insurance. GENERA[_ COND1TlONS FOR GP^ AT RISK PRQJECT 10 of 42 JUNE 2007 ED1TlON