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<br />Page 8 of 15 <br /> <br />16. PROFESSIONAL AND GENERAL LIABILITY INSURANCE, AND WORKER’S <br />COMPENSATION. Aon shall have the responsibility to provide and pay for professional <br />liability insurance covering Aon and its employees under a policy of insurance having minimum coverage limits of One Million Dollars ($1,000,000.00) per claim. The Diversion Authority shall have no specific responsibility to provide any general liability <br />coverage or worker’s compensation coverage for the benefit of Aon’s employees during <br />the terms of this Agreement. <br /> A. If any required policy is written on a “claims made” form, Aon must maintain the coverage continuously throughout the term of this Agreement, and, without lapse, <br />for three (3) years beyond the termination or expiration of this Agreement and the <br />Diversion Authority’s acceptance of all services provided under this Agreement. <br />The retroactive date or “prior acts inclusion date” of any “claims made” policy must be no later than the date that services commence under this Agreement. <br />B. Before Aon begins performing services, Aon must send the Diversion Authority <br />certificates of insurance and any applicable endorsements attesting to the existence <br />of coverage. Aon will not allow its polices to be cancelled, lapse, terminate or be amended to reduce coverage below the minimums called for in this Agreement without thirty (30) days’ notice to the Diversion Authority. The certificates of <br />insurance issued to confirm Aon’s compliance must reference this Agreement. <br /> <br />C. For insurance to satisfy the requirements of this section, all required insurance must be issued by a carrier with an A.M. Best rating of A-/VII or better that is authorized to transact business in the State of North Dakota. <br /> <br />D. If required insurance lapses during the term of this Agreement, the Diversion <br />Authority is not required to process invoices after such lapse until Aon provides evidence of reinstatement that is effective as of the lapse date. <br />17. INDEMNITY AND INDEMNIFICATION. <br /> <br />A. Aon must hold harmless and indemnify the Diversion Authority from all third party claims, losses, and expenses, including attorney’s fees and costs, resulting from: (1) a matter or event related to Aon’s acts or omissions related to the <br />performance of this Agreement; or (2) Aon’s breach under this Agreement, except <br />to the extent a claim or loss is due to the active negligence or willful misconduct <br />of an indemnified party. <br /> B. The Diversion Authority agrees to defend, indemnify and hold Aon , its directors, <br />officers and employees, harmless from and against any and all third party claims, <br />suits, and demands, and the liabilities, costs and expenses resulting therefrom <br />(“Claims”), that Aon may incur relating to the Services under this Agreement, <br />except to the extent such Claims are fully and finally determined by a court of