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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 N/A ( 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 /> 9 <br /> Revised 01/24 <br />