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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. "
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<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, j
<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 borne by
<br /> the CMAR and/or its Subcontractors .
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<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.
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<br /> 48. INDEMNIFICATION
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<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 , z
<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 .
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<br /> Page 46 of 52
<br /> Revised 12/24, 4/25
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