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DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA <br /> 22 <br /> CONTRACT NO.:45615VW <br /> VW-TRANSIT BUS PROGRAM <br /> Attachment. <br /> (118) "Unit. of Local Government has the meaning in G.S, turd person receiving services or benefits udder this Contract is <br /> 158.7(b)(f5), A munioa€ corporation that has the an Incidental beneficfasy ontp. <br /> power to levy faxes, including a consolidated city- <br /> county as defined by G.S. 160B-2(1),and all boards, <br /> agencies, commissions, authorities, and institutions Indemnity <br /> thereof that are not muniapal corporations. <br /> Indemnification, In the event of a ciasn against either party by <br /> Refatlonships of the Parties a third party arising out of this contract,the party whose ac5ans <br /> gave rice to the claim is responsible for the defense of the cWrn <br /> Independent Contractor: The Grantee is and shall be deemed and any resulting HaNlity,provided that a party may not waive the <br /> to be an Independent contractor trr the performance of th� other party's sovereign Immunity or singar defenses. The parties <br /> Contract and as such sha0 be whaby responsible for the waA to agree to consult with each other over the appropriate lhand ig of <br /> be performed and for the supervision of its employees, The a ciatrn and,in tate event they cannot agree,to consult with the <br /> Grantee represents that it has, or shall secure at Its awn Office of the Attorney General. <br /> expense,all persoramet required in performing the servsces under <br /> this agreement.Such employees shall not be employees of,or Insurance: During the term of the contract,the Grantee at <br /> have any individual contractual r0atonship With,the Agency, its sole cost and expense provides commercial insurance <br /> of such type and with such terms and limits as may be <br /> Subcontracting: To subcontract work to be performed under reasonably associated with the contract. As a minimum, <br /> this contract which involves ire specialized skill or expertise the Grantee prov°ifdes and maintains the following coverage <br /> of the Grantee or his employees, the Grantee first obtains and limlts� <br /> prior approval of the Agency Contract Admtrtistrator, In the <br /> event the Grantee subconiracts for any or all of the services (a) Worker's Compensation: The Grantee provides <br /> or activities covered by this contract:(a) the Grantee is not and maintains Worker's Compensation <br /> relieved of any of the dufies and responsibi€hies provided In Insurance as required by the laws of North <br /> this contract; (b) the subcontractor agrees to abide by the Carolina,as well as employer's liabPity coverage <br /> standards contained herein or to provide such information as with minimum limits of $500,000,00, covering <br /> to allow the Grantee to comply with these standards,and;(c) all of Grantee's employees who are engaged in <br /> the subcontractor agrees to allow state and federal authorized any Work under this contract. If any work is <br /> representatives access to any records pertinent to its role as sublet, the Grantee requires the subgrantee to <br /> a subcontractor. provide the same coverage for any of his <br /> ern&yees engaged in any worts under this <br /> Sub-grantees:.The Grantee has the responslHity to ensure that contract, <br /> a0 sub-grantees, if any, provide all informabon necessary to (b) Commercial General Liability. General Liability <br /> permit the Grantee to comply with the standards set forth in this Coverage on a Comprehensive Broad Form an an <br /> Contract oecutrence basis in the minimum <br /> amount of$1,000,000.00 Combined Sing-le Limit- <br /> Assignment: The Grantee may not assign the Grantee's (Defense cost shall be in excess of the limit of <br /> obligations or the Granteets right to receive payment hereunder. Isabst�ty.) <br /> However, upon Grantee's written request approved by the. (c) Automobile: Automobile Liability Insurance, to <br /> Issuing purchas authority,the Agency may: include liabifity coverage, covering all owned; <br /> (a) Forward the Grantee's payment check(s)&ecfly to any hired and non-owned vehicles used in <br /> parson or entity designated by the Grantee,or performance of time contract. The minimum <br /> combined single limit is$500,000.00 bodily injury <br /> (b) Include any person or entity designated by Grantee as and property damage; $500,000.00 <br /> a Joint payee ors the Grantees payment ched(s). uninsuredfunder insured motorist;and$25,000.00 <br /> Such approval and action does not obligate the State to anyone medical payment. <br /> other than the Grantee and the Grantee remains responsible for providing and maintaining adequate insurance <br /> fulfillment of all contract obligations. coverage is a maleriial obligation of the Grantee and Is <br /> Beneficiaries: Except as here s eciFca of the essence of this contract. The Grantee may <br /> Bene <br /> p p 5y provided otherwise, meet its requirements of maintaining specified <br /> this Contract inures to the benefit of and is binding upon the coverage and limits by demonstrating to the Agency <br /> parties hereto and the;r respective successors. It is expressly that there is In farce insurance with equivalent <br /> understood and agreed that the enforcement of the terms and coverage and limits that will offer at least the same <br /> concRons of V4 Contract,and a0 Nhls of action relating to such protection to the Agency. Grantee obtains Insurance <br /> enforcement,are strlctly reserved to the Agency and the named that meets all caws of the State of North Carolina. <br /> Grantee. Nothing contained in We document shall give or allow Grantee obtains coverage from companies that are <br /> any claim or right of action whatsoever by any other third person.. authorized to provide such coverage and that are <br /> It Is the express intention of the Agency and Grantee that any authorized by the Commissioner of Insurance to do <br /> business In North Carolina.The Grantee complies at <br /> Page 7 of 26 <br />