2025-462-E-DEAPR-Recreation Factory Partners-portsplex Management Agreement

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to no less than a limit of Five Million Dollars ($5,000,000). Manager shall be the named insured under all such policies. The Owner shall be an additional insured under the foregoing insurance policies, as its interests may appear, and said policies shall contain a provision for Manager indemnifying. The policy limits shown above are minimums. If Manager maintains broader coverage or higher limits than the minimums shown herein, the Owner shall be entitled to the broader coverage and higher limits maintained by Manager. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Owner. Certificates of insurance naming Owner and evidencing all the policies required of Manager hereunder along with copies of the paid receipts therefor shall be delivered to the Owner prior to the commencement of this Agreement and then at least annually, and at such other times as Owner may request. Notwithstanding the provisions of this Article 11, the parties hereto acknowledge that the policies herein may contain exclusions from coverage which are reasonable and customary for policies of such type. Each such Manager’s policy or certificate shall contain a valid provision or endorsement stating, "This policy will not be canceled or materially changed or altered without first giving thirty (30) days' written notice thereof to Orange County, North Carolina, Attention: Orange County Risk Manager, P.O. Box 8181, Hillsborough, NC 27278, sent by certified mail, return receipt requested." Manager Shall verify its liability coverage includes coverage for injuries related to athletic programs and provide Owner with copies of all liability wavers. 11.2 Endorsement. The additionally insured endorsement shall further provide the Owner, its officers, officials, employees, and agents are to be covered as additional insureds on the commercial general liability policy with respect to liability arising out of work or operations performed by or on behalf of Manager including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Manager’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). With respect to policies procured by it, Manager shall deliver to the Owner satisfactory evidence of such renewal of such policies prior to a policy's expiration date except for any policy expiring on the termination or expiration date of this Agreement or thereafter. Except as provided in Sections 11.5 and 11.6, all insurance procured by Manager in accordance with the requirements of this Agreement shall be primary over any insurance carried by the Owner and shall not require contribution by the Owner. 11.3 Worker’s Compensation Insurance. Unless explicitly exempted under law, Manager shall, at all times, maintain worker's compensation insurance (including occupational disease hazards) with an authorized insurance company, through the North Carolina State Compensation Insurance Fund, or through an authorized self-insurance plan approved by the State of North Carolina, in all cases insuring its employees at the Facility in amounts equal to or greater than required under law. 11.4 Fidelity Insurance and Bonds. Manager shall maintain during the term of this Agreement Fidelity Insurance or Fidelity Bonds covering all of Manager's personnel employed at the Facility in the amount of Five Hundred Thousand Dollars ($500,000.00) Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE