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44 <br /> of or relating to bodily injury,including bodily injury,sickness,disease or death of any of the Designer's or Consultants'employees or any <br /> other person and to real and personal property including loss of use resulting thereof;Comprehensive Automobile Liability Insurance, <br /> including hired and non-owned vehicles,if any,covering personal injury or death,and property damage;and Professional Liability <br /> Insurance,covering personal injury,bodily injury and property damage and claims arising out of or related to the performance under this <br /> Agreement by the Designer or its agents,Consultants and employees. <br /> 9.1.2 The minimum insurance ratings for any company insuring the Designer shall be Best's A-.Should the ratings of any insurance <br /> carrier insuring the Designer fall below the minimum rating,the County may,at its option,require the Designer to purchase insurance <br /> from a company whose rating meets the minimum standard. <br /> 9.2 Limits of Coverage <br /> 9.2.1 Consultant shall obtain,at its sole expense,Commercial General Liability Insurance,Automobile Insurance,Workers' <br /> Compensation Insurance,Professional Liability Insurance,and any additional insurance as may be required by Owner's Risk Manager as <br /> such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage <br /> Requirements(each document is incorporated herein by reference and may be viewed at <br /> http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional <br /> insurance coverage is required such additional insurance shall be designated here (if no additional insurance required leave blank <br /> or mark N/A as being not applicable). Consultant shall not commence work until such insurance is in effect and certification thereof has <br /> been received by the Owner's Risk Manager. <br /> 9.2.2 All insurance policies(with the exception of Worker's Compensation and Professional Liability)required under this Agreement <br /> shall name the Owner as an additional insured party for the insurance. <br /> 9.3 Proof of Coverage <br /> 9.3.1 Evidence of such insurance shall be furnished to the Owner. Upon cancellation,non-renewal or reduction,the Consultant shall <br /> procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout <br /> the periods specified herein. <br /> 9.4 Indemnity <br /> 9.4.1 The Designer agrees to indemnify and hold harmless the Owner from all loss,liability,claims or expense,including attorney's <br /> fees,arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons <br /> caused in whole or in part by the negligence or misconduct of the Designer except to the extent same are caused by the negligence or <br /> willful misconduct of the Owner.It is the intent of this provision to require the Designer to indemnify the Owner to the fullest extent <br /> permitted under North Carolina law. <br /> 9.5 Owner's Insurance Option <br /> 9.5.1 At any time during the performance of this Agreement,the Owner may,at its sole option,provide for itself,for the Designer and <br /> for its Consultants any or all of the insurance coverage required under the Article. <br /> 9.5.2 If the Owner elects to provide such coverage it shall notify the Designer in writing and provide to the Designer such certificate or <br /> certificates of coverage as may be applicable. <br /> 10 <br /> Revised 3/16 <br />