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Agenda - 12-05-2005-5l
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Agenda - 12-05-2005-5l
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Last modified
9/1/2008 10:37:56 PM
Creation date
8/29/2008 10:41:42 AM
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BOCC
Date
12/5/2005
Document Type
Agenda
Agenda Item
5l
Document Relationships
2005 S Purchasing - RFP - SportsPlex Management Agreement and Purchase Agreement Amendments
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2005
2005 S Purchasing & Recreation Factory Partners
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2005
Minutes - 20051205
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2005
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as <br />respective officers, directors, employees and agents. RFP and the County hereby release each <br />other from and against any and all loss or damage to property arising out of or' incident to any <br />peril required to be insured against herein. The effect of such release is not limited to the amount <br />of insurance actually carried or required to be carried, to the actual proceeds received after a loss <br />or to any deductibles applicable thereto. Each party shall have the insurance company include an <br />endorsement aclmowledging this waiver, if necessary. Either party's failure to carry the required <br />insurance shall not invalidate this waiver. <br />8.2 Liability Insurance, <br />(a) RFP shall secure and deliver to the Contract Administrator prior to the <br />commencement of the Management Term hereunder and shall keep in force at all times during <br />any period in which RFP has operations at the Facility, a commercial liability occurrence <br />insurance policy, including public liability and property damage, covering the premises and the <br />operations hereunder, in the amount of One Million Dollars ($1,000,000.00) for bodily injury <br />and One Million Dollars ($1,000,000,00) for property damage, including products and completed <br />operations and independent contractors. <br />(b) RFP shall also maintain Comprehensive Automotive Bodily Injury and <br />Property Damage Insurance for business use covering all vehicles operated by RFP officers, <br />agents and employees in connection with the Facility, whether owned by RFP, the County, or <br />otherwise, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per <br />occurrence (including an extension of hired and non-owned coverage). <br />(c) RFP shall also maintain Umbrella liability insurance from these limits up <br />to no less than a limit of Five Million Dollars ($5,000,000). RFP shall be the named insured <br />under all such policies.. The County shall be an additional insured under the foregoing insurance <br />policies, as its interests may appear, and said policies shall contain a provision covering the <br />parties' indemnification liabilities to each other. <br />(d) Certificates of insurance naming County and evidencing all the policies <br />required of RFP hereunder along with copies of the paid receipts therefor shall be delivered to <br />the Contract Administrator prior to the commencement of this Agreement. Notwithstanding the <br />provisions of this Section 8.2, the parties hereto acknowledge that the above policies may contain <br />exclusions from coverage which are reasonable and customary for policies of such type. Each <br />such policy or certificate shall contain a valid provision or endorsement stating, "This policy will <br />not be canceled or materially changed or altered without first giving thirty (.30) days' written <br />notice thereof to Orange County, North Carolina, Attention: [Contract Administrator], P.O. Box <br />8181, Hillsborough, NC 27278, sent by certified mail, return receipt requested." <br />(e) With respect to policies procured by it, RFP shall deliver to the Contract <br />Administrator satisfactory evidence of such renewal of such policies prior to a policy's expiration <br />date except for any policy expiring on the termination or expiration date of this Agreement or' <br />thereafter. <br />21 <br />
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