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Page | 46
<br />Revised 12/24
<br />47.1.4. Professional Liability: The CMAR shall ensure that it and all professional service
<br />providers under this contract provide professional liability insurance with a limited of not less than
<br />$5,000,000 per occurrence or claim, and $5,000,000 aggregate. There shall be an extended
<br />reporting period of not less than six (6) years.
<br />47.1.5. Builders Risk: Builder’s Risk: The CMAR shall ensure that it and all Subcontractors
<br />purchase and maintain property insurance during the life of this Contract, upon the entire Work at
<br />the site in amount equal to the completed value of the project with no coinsurance penalty
<br />provisions utilizing an “All Risk” (Special Perils) coverage form. This insurance shall include the
<br />interests of the Owner, the CMAR, the Subcontractors and sub-subcontractors in the Work and
<br />shall insure against the perils of fire, extended coverage, and vandalism and malicious mischief. If
<br />the Owner is damaged by failure of the CMAR to purchase or maintain such insurance, then the
<br />CMAR shall bear all reasonable costs properly attributable thereto; the CMAR shall effect and
<br />maintain similar property insurance on portions of the Work stored off the site when request for
<br />payment per articles so includes such portions.
<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 own ed, 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 borne 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 o f 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 />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78
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