Orange County NC Website
DocuSign Envelope ID: D488A4DA-6COC-4F1F-A676-98CFE932E2B5 <br /> from claims under workers'or workmen's compensation acts; Comprehensive General Liability Insurance <br /> (including broad form contractual liability and complete operations, explosions, collapse, and underground <br /> hazards coverage) covering claims arising out of or relating to bodily injury, including bodily injury,sickness, <br /> disease or death of any of the Designer's or Consultants' employees or any other person and to real and <br /> 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; <br /> and Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims <br /> arising out of or related to the performance under this Agreement by the Designer or its agents, Consultants <br /> and employees. <br /> 9.1.2 The minimum insurance ratings for any company insuring the Designer shall be Best's A-. Should <br /> the ratings of any insurance carrier insuring the Designer fall below the minimum rating,the County may, at <br /> its option, require the Designer to purchase insurance from a company whose rating meets the minimum <br /> standard. <br /> 9.2 Limits of Coverage <br /> 9.2.1 Designer shall obtain, at its sole expense, Commercial General Liability Insurance,Automobile <br /> Insurance, Workers' Compensation Insurance, Professional Liability Insurance and other coverage as shown <br /> in Attachment G ("Certificate of Insurance"). <br /> 9.2.2 All insurance policies (with the exception of Worker's Compensation and Professional Liability) <br /> required under this Agreement 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 <br /> reduction,the Consultant shall procure substitute insurance so as to assure the Owner that the minimum <br /> limits of coverage are maintained continuously throughout the periods specified herein. <br /> 9.4 Indemnity <br /> 9.4.1 Designer shall indemnify and hold harmless the Client, its officers, directors, employees,from and <br /> against those liabilities, damages and costs arising out of third-party claims to the extent caused by the <br /> willful misconduct, negligent act, error or omission of the Designer or anyone for whom the Designer is <br /> legally responsible, subject to any limitations of liability contained in this Agreement. Designer will <br /> reimburse Client for reasonable defense costs for claims arising out of Designer's professional negligence <br /> based on the percentage of Designer's liability. <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 <br /> for itself,for the Designer and for its Consultants any or all of the insurance coverage required under the <br /> Article. <br /> 9.5.2 If the Owner elects to provide such coverage it shall notify the Designer in writing and provide to <br /> the Designer such certificate or certificates of coverage as may be applicable. <br /> 9.5.3 If the Owner elects to provide such coverage it shall be entitled to pro rata reduction in the fees for <br /> Basic Services equal to the additional cost incurred and paid for by the designer above the designer's <br /> standard insurance coverage carried, providing that the reduction of fees will not be greater than the <br />