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47 <br /> 46.1.3. Failure of the CMAR or Subcontractor(s) to make payments properly to Subcontractors <br /> or sub-subcontractors or for labor,materials or equipment; <br /> 46.1.4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the <br /> GMP; <br /> 46.1.5. Damage to the Owner or another Subcontractor; <br /> 46.1.6. Reasonable evidence that the Work will not be completed within the contract time, and <br /> that the unpaid balance would not be adequate to cover actual or liquidated damages for <br /> the anticipated delay; <br /> 46.1.7. Failure to carry out the Work in accordance with the Contract Documents; <br /> 46.1.8. Failure to provide sales tax documentation as required by the Owner; <br /> 46.1.9. Failure or refusal of the CMAR or Subcontractors to submit the required infonnation on <br /> minority business enterprises; <br /> 46.1.10. Any other reason deemed necessary by the Project Designer to protect the Owner unless <br /> arbitrary and unreasonable;or <br /> 46.1.11. Subsequently discovered evidence that Work previously approved was not performed in <br /> accordance with the Contract Documents. <br /> 46.2. When the above reasons for withholding certification are removed, certification will be made for <br /> amounts previously withheld. <br /> 46.3. The Owner's Representative may withhold a certificate for payment in whole or in part, to the <br /> extent reasonably necessary to protect the Owner. <br /> 47.INSURANCE REQUIREMENTS <br /> 47.1. CMAR shall procure and maintain for the duration of the contract the following insurance <br /> coverage from an insurance company(s)possessing a rating of A-VI or higher from the A.M. <br /> Best Company or an equivalent rating service. All of the policies required of the CMAR shall <br /> contain a waiver of subrogation provision to waive all rights of recovery under subrogation or <br /> otherwise against the Owner. CMAR shall advise the Owner of any cancellation,non-renewal, or <br /> material change in any policy within ten (10) days of notification of such action and provide <br /> updated certificates of insurance evidencing renewals within fifteen(15)days of expiration.All of <br /> the policies required of the CMAR shall be primary and the CMAR agrees that any insurance or <br /> self-funded liability programs maintained by the Owner shall be non-contributing with respect to <br /> the CMAR's insurance. <br /> Insurance coverage shall be obtained from companies that are authorized to provide such coverage <br /> and that are authorized by the Commissioner of Insurance to do business in North Carolina. <br /> CMAR,upon request,shall furnish Owner with complete copies of insurance policies required.By <br /> requiring insurance herein, the Owner does not represent that coverage and limits will necessarily <br /> be adequate to protect CMAR,and such coverage and limits shall not be deemed as a limitation on <br /> CMAR's liability under the indemnities granted to the Owner in this Contract. Any umbrella or <br /> excess liability coverage must be at least as broad as the primary coverage and contain all <br /> coverage provisions that are required of the primary coverage. <br /> The failure of the Owner at any time to enforce the insurance provisions,to demand such <br /> certificates of insurance,or to identify a deficiency shall not constitute a waiver of those <br /> Page 44 of 52 <br /> Revised 12/24,4/25 <br />