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Risk Management Appendix ~i Routine* Service Agreements With Sovereign Entities and Political Subdivisions of the State of North Dakota: Parties: State - State of North Dakota, its agencies, officers and employees Governmental Entity - The Governmental Entity executing the attached document, its agencies, officers and employees Governments - State and Government Entity, as defined above Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorney's fees which may in any manner result from or arise out of this agreement. Each party shall secure and keep in force during the term of this agreement, from insurance companies, government self- insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages covering the Governments for any and all claims of any nature which may in any manner arise out of or result from this agreement: 1) Commercial general liability and automobile liability insurance - minimum limits of liability required of the Governmental Entity are $250,000 per person and $500,000 per occurrence. The minimum limits of liability required of the State are $250,000 per person and $1,000,000 per occurrence. 2) Workers compensation insurance meeting all statutory limits. 3) The policies and endorsements may not be canceled or modified without thirty (30) days prior written notice to the undersigned State representative. The Sovereign Entity or Political Subdivision shall furnish certificates evidencing the requirements in 1 through 3 above to the undersigned State representative prior to commencement of this agreement. The State reserves the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time. Each party that hires subcontractors shall require any non-public subcontractors, prior to commencement of work set out under an agreement between that party and the non-public subcontractor, to: Indemnify, save, and hold harmless the Governments from any and all claims of any nature, including costs, expenses, and attorney's fees which may in any manner arise out of or result from acts or omissions in awarding this grant or performing work or activities under the contract, except for claims arising out of the Governments' sole negligence. Subcontractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds authorized to do business in North Dakota: 1) commercial general liability; 2) automobile liability; and 3) workers compensation insurance all covering the Subcontractor for any and all claims of any nature which may in any manner arise out of or result from this agreement. The minimum limits of liability required are $250,000 per person and $1,000,000 per occurrence for commercial general liability and automobile liability coverages, and statutory limits for workers compensation. The Governments shall be endorsed on the commercial general liability policy and automobile liability policy as additional insureds. Said endorsement shall contain a "Waiver of Subrogation" waiving any right of recovery the insurance company may have against the Governments as well as provisions that the policy and/or endorsement may not be canceled or modified without thirty (30) days prior written notice to the undersigned representatives of the Governments, and that any attorney who represents the State under this policy must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under ND.C.C. Section 54-12-08. Subcontractor's insurance coverage shall be primary (i.e., pay first) as respects any insurance, self-insurance or self-retention maintained by the Governments. Any insurance, self-insurance or self-retention maintained by the Governments shall be excess of the Contractor's insurance and the Subcontractor's insurance and shall not contribute with them. Any deductible amount or other obligations under the Subcontractor's policy(ies) shall be the sole responsibility of the Subcontractor. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and be placed with insurers rated "A" or better by A.M. Best Company, Inc. The Governments will be indemnified, saved, and held harmless to the full extent of any coverage actually secured by the Subcontractor in excess of the minimum requirements set forth above. The Government Entity that hired the Subcontractor shall be held responsible for ensuring compliance with the above requirements by all Subcontractors. The Governments reserve the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time. 'See North Dakota Risk Management Manual, section 5.1 for discussion of "unique" and "routine" agreements. AM Consulted 1997 Revised 5-03