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Page 44 of 53 <br />5-2-25 <br /> <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 /> <br />46.1.4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the <br />GMP; <br /> <br />46.1.5. Damage to the Owner or another Subcontractor; <br /> <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 /> <br />46.1.7. Failure to carry out the Work in accordance with the Contract Documents; <br /> <br />46.1.8. Failure to provide sales tax documentation as required by the Owner; <br /> <br />46.1.9. Failure or refusal of the CMAR or Subcontractors to submit the required information on <br />minority business enterprises; <br /> <br />46.1.10. Any other reason deemed necessary by the Project Designer to protect the Owner unless <br />arbitrary and unreasonable; or <br /> <br />46.1.11. Subsequently discovered evidence that Work previously approved was not performed in <br />accordance with the Contract Documents. <br /> <br />46.2. When the above reasons for withholding certification are removed, certification will be made for <br />amounts previously withheld. <br /> <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 /> <br />47. INSURANCE REQUIREMENTS <br /> <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 />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78