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If any coverage is on a claims - made basis , the Service Provider agrees to maintain a retroactive date prior to <br /> or equal to the effective date of this Agreement and to purchase and maintain Supplemental Extended <br /> Reporting Period or 'tail coverage ' with a minimum reporting period of not less than three (3 ) years if the <br /> policy expires or is cancelled or non-renewed . If coverage is replaced, the new policy must include full prior <br /> acts coverage or a retroactive date to cover the effective dates of this Agreement. The Service Provider shall <br /> provide a Certificate of Insurance annually to Wake County indicating any claims made coverage and <br /> respective retroactive date . The duty to provide extended coverage as set forth herein survives the effective <br /> dates of this Agreement. <br /> All insurance companies must be authorized to do business in North Carolina and have an AM Best rating <br /> of "A-NII" or better ; or have reasonable equivalent financial strength to the satisfaction of the County' s <br /> Finance Office . Proof of rating shall be provided to the county upon request. Insurance with limits no less <br /> than those specified above shall be evidenced by a Certificate of Insurance issued by a duly authorized <br /> representative of the insurer . In the case of self- insurance , a letter of explanation must be provided to and <br /> approved by Wake County Risk Management . <br /> The Service Provider shall be responsible for providing immediate notice of policy cancellation or non - <br /> renewal during the term of this Agreement to the Wake County Finance Office and for three years <br /> subsequent for any claims made coverage . <br /> If the Service Provider does not meet the insurance requirements specified above, alternate insurance <br /> coverage satisfactory to Wake County may be considered . Any requests for consideration of alternate <br /> coverage must be presented by Provider PRIOR TO provision of any services associated with this <br /> Agreement. <br /> In the event that Provider uses subcontractors to perform any of the services under this Agreement, then and <br /> in that event, Provider shall contractually require such subcontractor (s) to meet all of the requirements of <br /> this section . <br /> 26 . Federal Government ObliLyation . It is clearly understood and mutually agreed that the Federal <br /> Government is not a party to this Contract and that no legal liability on the part of the Government is <br /> inferred or implied under the terms and conditions of this Contract . Any liabilities , legal action or disputes <br /> as may arise under this Contract are between the parties hereto and will be settled in accordance with the <br /> Uniform Commercial Code as adopted by the State of North Carolina or such other manner as provided by <br /> State and local law for the settlement of such matters . <br /> 27 . Indemnification . The Service Provider agrees to defend, indemnify, and hold harmless Wake County and <br /> Capital Area, from all loss , liability , claims or expense (including reasonable attorney ' s fees ) arising from <br /> bodily injury, including death or property damage , to any person or persons caused in whole or in part by <br /> the negligence or misconduct of the Service Provider, or any of Service Provider ' s agents , employees , <br /> 14 <br />