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<br /> 47.1.6. Pollution Legal Liability: The CMAR shall ensure that it and all Subcontractors shall
<br /> provide Pollution legal liability insurance in an amount not less than$5,000,000 per occurrence or
<br /> claim and$5,000,000 aggregate.
<br /> 47.1.7. "All Risk"Property(CMAR's Property): The CMAR shall ensure that it shall provide
<br /> replacement cost coverage under an "All Risk" policy for any of the CMAR's real or personal
<br /> property. Policy must include coverage for equipment owned, leased, rented, and borrowed,
<br /> whether such equipment is located at a job site or"in transit."
<br /> 47.1.8. Public Liability and Property Damage: The CMAR shall ensure that it and all
<br /> Subcontractors provide and maintain, during the life of the Contract, comprehensive general
<br /> liability insurance, including coverage for premises operations, independent Subcontractors,
<br /> completed operations,products and contractual exposures. Such insurance shall protect the CMAR
<br /> and the Subcontractors from claims arising out of any bodily injury,including accidental death,and
<br /> claims for property damages which may arise from operations under this Contract, whether such
<br /> operations are by the CMAR or by any Subcontractor,or by anyone directly or indirectly employed
<br /> by either of them. The minimum limits of such insurance shall be $2,000,000 for each occurrence
<br /> and $4,000,000 aggregate, or such lower limits as may be agreed to by the Owner on a case-by-
<br /> case basis. Such coverage for completed operations must be maintained for at least two (2) years
<br /> following final acceptance of the Work performed under the Contract.
<br /> 47.2. Deductible: Any deductible, if applicable to loss covered by insurance provided, is to be home by
<br /> the CMAR and/or its Subcontractors.
<br /> 47.3. Proof of Coverage: The CMAR shall ensure that it and all Subcontractors furnish the Owner with
<br /> satisfactory proof of coverage of the insurance required before written approval is granted by the
<br /> Owner.
<br /> 48.INDEMNIFICATION
<br /> 48.1. To the fullest extent permitted by law, the CMAR shall indemnify and hold harmless the Owner,
<br /> the Project Designer, and the officers, agents, consultants and employees of the Owner and Project
<br /> Designer, from and against all claims, damages, losses and expenses, including,but not limited to
<br /> attorneys' fees, arising out of or resulting from the performance or failure of performance of the
<br /> Work, provided that any such claim, damage, loss, or expense (1) is attributable to bodily injury,
<br /> sickness, disease or death, or to injury to or destruction of tangible property (other than the Work
<br /> itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any
<br /> negligent act or omission of the CMAR, the CMAR's Subcontractors, or the agents of either the
<br /> CMAR or the CMAR's Subcontractors;provided that nothing herein shall require the CMAR or its
<br /> Subcontractors to indemnify the Owner or the Project Designer against negligent acts of the Owner
<br /> or Project Designer. Such obligation shall not be construed to negate, abridge or otherwise reduce
<br /> any other right or obligation of indemnity which would otherwise exist as to any party or person
<br /> described in this Contract. Such obligation shall not be affected or limited by the immunity granted
<br /> under any worker's compensation plan.
<br /> 48.2 The CMAR shall cause each contractor and Subcontractor to indemnify and hold harmless the
<br /> Owner, CMAR, and Designer from and against any and all claims, demands, suits, damages,
<br /> including consequential damages and damages resulting from personal injury or property damage,
<br /> costs, expenses, and fees that are asserted against the Owner, CMAR and the Designer and that
<br /> arise out of or result from negligent acts or omissions or the breach of the Contract by the
<br /> Subcontractors,its employees,agents,contractors,and representatives in performing the Work.
<br /> 48.3 The Owner shall cause the Designer to indemnify and hold harmless the Owner, its officers,
<br /> employees, agents, and representatives to the same extent and in the same manner that the CMAR
<br /> has provided indemnification for the Owner.
<br /> Page 46 of 52
<br /> Revised 12/24,4/25
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