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10 <br /> <br />Revised 07/20 <br /> <br />All agents and brokers shall hold valid licenses from the State of North Carolina. Before <br />commencing mobilization to the Project site and not later than 7 days after the receipt of the <br />Construction Contract by the Contractor for signatures, the Contractor shall furnish to the Owner <br />a certificate or certificates of insurance in a form satisfactory to the Owner. Upon request of the <br />Owner, the Contractor shall provide the Owner with certified copies of the insurance policies <br />required by this Article, including without limitation declaration pages, conditions, exclusions and <br />endorsements, and confirmation that each policy premium has been paid for the required term <br />of this Agreement. A copy of the umbrella policy shall be provided to the Orange County Risk <br />Manager. Certificates shall be signed by a person authorized by that insurer to bind coverage <br />on its behalf. All insurance policies shall provide, as evidenced by Certificates of Insurance, that <br />the insurance shall not be canceled, reduced, restricted, or changed in any way without at least <br />30 days prior written notice to the Owner. <br /> <br />With regard to expiration, cancellation, reduction, restriction, or any other change, certificates <br />shall state: "Should any of the following described policies be canceled before expiration date or <br />be due to expire within 30 days, the insurer shall mail 30 days prior written notice to named <br />certificate holder." In the event of any such cancellation, non-renewal, reduction, restriction, or <br />change in any insurance, the Contractor is obligated to replace such insurance within 7 days <br />without a gap in coverage and file accordingly such notice with the Owner, and other interested <br />parties. Failing immediate receipt of evidence of such replacement of insurance the Owner <br />reserves the right to procure such insurance as the Owner considers desirable and the <br />Contractor shall pay or reimburse the cost of the premium in respect thereof. It is expressly <br />provided, however, that any action or inaction on the part of the Owner in this respect shall in no <br />way change or reduce the Contractor's responsibilities and liabilities under this Agreement. <br />Self-funded, policy fronting, or other non-risk transfer insurance mechanisms are not acceptable <br />without prior written approval of the Owner. Full disclosure of such a program must be made <br />prior to commencing mobilization to the Project site. Failure to make a full disclosure constitutes <br />a material breach of the Agreement, justifying termination for default. <br /> <br />The Contractor shall name the Owner, the Designer, the Designer’s consultants, and the <br />Construction Manager as additional insureds under all its insurance contracts (except workers' <br />compensation) with respect to and including without limitation liability arising out of activities <br />performed by or on behalf of the Contractor, products and completed operations of the <br />Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. The <br />coverage shall contain no special limitations on the scope of protection afforded to additional <br />insureds. <br /> <br />For any claims related to this Project, the Contractor's insurance or self-insurance shall be <br />primary and noncontributory with respect to the Owner’s insurance. Any insurance or self - <br />insurance maintained by the Owner shall be excess and noncontributory with respect to the <br />Contractor's insurance. All policies of insurance shall contain a clause waiving rights of <br />subrogation against the Owner, unless the Owner approves otherwise in writing. Limits of <br />coverage are not to be amended by deductible clauses of any nature without the express written <br />consent of the Owner. <br /> <br />The Contractor shall be solely responsible for any deductible assumptions that may exist in any <br />insurance policies required under this Agreement. In addition, the Contractor shall be <br />responsible and shall not be reimbursed for any losses arising from any risk or exposure not <br />insured as required herein, or not covered as a result of a normal policy exclusion or that falls <br />DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED