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10 <br />Revised 01/24 <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 />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 />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 />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 />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 />Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4