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DocuSign Envelope ID:78B556CA-0O28-4315-8EF4-948059C1C6F0 <br /> 11 <br /> within the self-insured retention, if Contractor self-insured. The Contractor's insurance shall <br /> apply separately to each insured against whom claim is made or suit is brought, except with <br /> respect to the limits of the insurer's liability. The claim provisions in the Contractor's insurance <br /> policies must specifically state the insurance company or Contractor's Third Party Administrator, <br /> if self-insured, has both the right and duty to adjust a claim and provide defense. The policies <br /> shall not contain any provision or definition which would serve to exclude or eliminate from <br /> coverage third party claims, including exclusions of claims for bodily or other injury to <br /> shareholders, partners, officers, directors, or employees of the insured, the premises owner, <br /> real estate manager, or the insured's Subcontractor, or any family relative of such persons. <br /> If the policies contain any warranty stating that coverage is null and void (or words to that effect) <br /> if the Contractor does not comply with the most stringent regulations governing the Work, it shall <br /> be modified so that coverage shall be afforded in all cases except for the Contractor's willful or <br /> intentional noncompliance with applicable government regulations. Any failure by any person to <br /> comply with reporting or other provisions of the policy including breach of warranties, shall not <br /> affect coverage provided to the Owner and its representatives, officials, and employees. The <br /> insolvency or bankruptcy of the Insured or of the Insured's estate shall not relieve the insurance <br /> companies of their obligations under these policies. Any clauses to the contrary are <br /> unacceptable and must be stricken. Failure to comply with these requirements shall be a <br /> material breach of this Agreement justifying termination for default. <br /> 5.1.1 Worker's Compensation and Employers' Liability Insurance <br /> The Contractor and its Subcontractors shall procure and maintain Workers' Compensation <br /> Insurance in the amount and type required by the State of North Carolina and federal law for all <br /> employees employed under the Agreement who may come within the protection of Workers' <br /> Compensation Laws and covering all operations under the Agreement whether performed by <br /> the Contractor or by his Subcontractors. In jurisdictions not providing complete Workers' <br /> Compensation protection, the Contractor and his Subcontractors shall maintain employers' <br /> liability insurance in an amount, form, company, and agency satisfactory to the State of North <br /> Carolina and the Owner for the benefit of all employees not protected by Workers' <br /> Compensation Laws and covering all operations under the Agreement whether performed by <br /> the Contractor or by his Subcontractors. <br /> The Contractor shall pay such assessments as will protect the Contractor and the Owner from <br /> claims under the Workers' Compensation Laws, workers' or workmen's compensation disability <br /> benefits, and other similar employee benefit acts. The current Experience Modification Factor <br /> shall be indicated on the Certificate of Insurance. Coverage under this section shall be as <br /> required by federal and state Workers' Compensation and Occupational Disease Statutes, and <br /> shall have minimum limits as follows: <br /> Coverage A: Statutory, State of North Carolina <br /> Employers' Liability: Each Accident $1,000,000 <br /> Disease - Policy Limit $1,000,000 <br /> Disease - Each Employee $1,000,000 <br /> Such insurance shall include Voluntary Compensation coverage, a Waiver of Subrogation <br /> in favor of the Owner as well as other endorsements that may be required by applicable <br /> jurisdictions. <br /> 5.1.2 Automobile Liability Insurance <br /> Revised NETPLANNER v2 <br />