Orange County NC Website
Browse       Search
11 <br /> <br />Revised 01/24 <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />5.1.2 Automobile Liability Insurance <br />Docusign Envelope ID: 687B9CC7-F1BC-43DB-A291-A8D859EFA3B2