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Page 46 of 53
<br />5-2-25
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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.
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<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,
<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.
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<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.
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<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.
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<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 />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78
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