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9 <br />Revised 01/24 <br />9.1.1 The Designer shall purchase and maintain and shall cause each of its Consultants to purchase and maintain during the period of performance of <br />this Agreement, and for five (5) years after the later of final completion of the Project or issuance of a Certificate of Occupancy of the Project, insurance <br />for protection from claims under workers' or workmen's compensation acts; Comprehensive General Liability Insurance (including broad form <br />contractual liability and complete operations, explosions, collapse, and underground hazards coverage) covering claims arising out of or relating to <br />bodily injury, including bodily injury, sickness, disease or death of any of the Designer's or Consultants' employees or any other person and to real and <br />personal property including loss of use resulting thereof; Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, <br />covering personal injury or death, and property damage; and Professional Liability Insurance, covering personal injury, bodily injury and property <br />damage and claims arising out of or related to the performance under this Agreement by the Designer or its agents, Consultants and employees. <br />9.1.2 The minimum insurance ratings for any company insuring the Designer shall be Best's A-. Should the ratings of any insurance carrier insuring the <br />Designer fall below the minimum rating, the County may, at its option, require the Designer to purchase insurance from a company whose rating meets <br />the minimum standard. <br />9.2 Limits of Coverage <br />9.2.1 Designer shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, <br />Professional Liability Insurance, and any additional insurance as may be required by Owner’s Risk Manager as such insurance requirements are described <br />in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by <br />reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner’s Risk Manager <br />determines additional insurance coverage is required such additional insurance shall be designated here NA (if no additional insurance required leave <br />blank or mark N/A as being not applicable). Designer shall not commence work until such insurance is in effect and certification thereof has been <br />received by the Owner's Risk Manager. <br />9.2.2 All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the <br />Owner as an additional insured party for the insurance. <br />9.3 Proof of Coverage <br />9.3.1 Evidence of such insurance shall be furnished to the Owner. Upon cancellation, non-renewal or reduction, the Consultant shall procure <br />substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the periods specified <br />herein. <br />9.4 Indemnity <br />9.4.1 To the extent authorized by North Carolina law the Designer agrees, without limitation, to indemnify and hold harmless the Owner from all loss, <br />liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property <br />damage to any person or persons caused in whole or in part by the negligence or misconduct of the Designer except to the extent same are caused by <br />the negligence or willful misconduct of the Owner. <br />9.5 Owner's Insurance Option <br />9.5.1 At any time during the performance of this Agreement, the Owner may, at its sole option, provide for itself, for the Designer and for its <br />Consultants any or all of the insurance coverage required under the Article. <br />9.5.2 If the Owner elects to provide such coverage it shall notify the Designer in writing and provide to the Designer such certificate or certificates of <br />coverage as may be applicable. <br />9.5.3 If the Owner elects to provide such coverage it shall be entitled to pro rata reduction in the fees for Basic Services equal to the cost of providing <br />such coverage to the Designer and its Consultants. <br />Docusign Envelope ID: 76D66578-87F7-42C9-862F-5B1BD878A8F6