Orange County NC Website
10 <br />Revised 01/24 <br />mark N/A as being not applicable). Designer shall not commence work until such insurance is in effect and certification thereof has been <br />received by the Owner's Risk Manager. <br />9.2.2 All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement <br />shall name the Owner as an additional insured party for the insurance. <br />9.3 Proof of Coverage <br />9.3.1 Evidence of such insurance shall be furnished to the Owner. Upon cancellation, non-renewal or reduction, the Consultant shall <br />procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the <br />periods specified herein. <br />9.4 Indemnity <br />9.4.1 To the extent authorized by North Carolina law the Designer agrees, without limitation, to indemnify and hold harmless the <br />Owner from all loss, liability, claims or expense, including attorney's fees, arising out of or related to its Services and arising from bodily <br />injury including death or property damage to any person or persons proximately caused by the negligence or misconduct of the Designer <br />except to the extent same are caused by the negligence or willful misconduct of the Owner or its contractors, employees, or agents. <br />(Contract Specific Revision 11-3-25) <br />9.5 Owner's Insurance Option <br />9.5.1 At any time during the performance of this Agreement, the Owner may, at its sole option, provide for itself, for the Designer and <br />for its Consultants any or all of the insurance coverage required under the Article provided such coverages are approved in advance by <br />Designer. <br />9.5.2 If the Owner elects to provide such coverage it shall notify the Designer in writing and provide to the Designer such certificate or <br />certificates of coverage as may be applicable. <br />9.5.3 If the Owner elects to provide such coverage it shall be entitled to pro rata reduction in the fees for Basic Services equal to the cost <br />of providing such coverage to the Designer and its Consultants based on any actual reduction in insurance premiums received by Designer. <br />ARTICLE 10 <br />AMENDMENTS TO THE AGREEMENT <br />10.1 Changes in the Designer's Basic Services <br />10.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made <br />by a written Amendment to this Agreement executed by the Owner and the Designer. The Designer shall proceed to perform the Services <br />required by the Amendment only after receiving a fully executed Amendment from the Owner or a written notice from the Owner <br />directing the Designer to proceed, whichever is earlier. <br />10.2 Owner Changes <br />10.2.1 The Owner may, without invalidating this Agreement, make written changes in the Designer's Basic Services or Additional <br />Services of this Agreement by preparing and executing a Change Order. Within three (3) days of receipt of such a Change Order, the <br />Designer shall notify the Owner in writing of any change contained therein that the Designer believes significantly increases or decreases <br />Docusign Envelope ID: ED9774D9-AC0C-4CB2-997F-EA672B7B6C5D