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Page 11 of 27 <br />A.Consultant shall purchase and maintain throughout this Agreement such insurance as is <br />required by this Agreement in the categories and amounts set forth below: <br />(1)Claims under workers’ compensation, disability benefits, and other similar <br />employee benefit acts; <br />(2)Claims for damages because of bodily injury, occupational sickness or disease, or <br />death of Consultant’s employees; <br />(3)Claims for damages because of bodily injury, sickness or disease, or death of any <br />person other than Consultant’s employees; <br />(4)Claims for damages insured by reasonably available personal injury liability <br />coverage which are sustained: <br />(a)by any person as a result of an offense directly or indirectly related to the <br />employment of such person by Consultant, or <br />(b)by any other person for any other reason; <br />(5)Claims for damages, other than to the Work itself, because of injury to or <br />destruction of tangible property wherever located, including loss of use resulting <br />therefrom; and <br />(6)Claims for damages because of bodily injury or death of any person or property <br />damage arising out of the ownership, maintenance, or use of any motor vehicle. <br />B.The policies of insurance required by this Section will: <br />(1)With respect to insurance required by above paragraphs 23(A)(3) through 23(A)(6) <br />inclusive, be written on an occurrence basis, included as additional insureds <br />(subject to any customary exclusion regarding Professional liability and Workers <br />Compensation) the Diversion Authority, the State of North Dakota, and any other <br />individuals or entities identified, all of whom will be listed as additional insureds, <br />and include coverage for the respective officers, directors, members, partners, <br />employees, agents, consultants, and subcontractors of each and any of all such <br />additional insured, and the insurance afforded to these additional insureds will <br />provide primary coverage for all claims covered in the General Liability and <br />Automobile Liability Policies; <br />(a)All insurance policies required under this Agreement, including the Excess or <br />Umbrella Liability policies, must be from insurers rated “A-” or better by the <br />A.M. Best Company, Inc. <br />(2)Include at least the specific coverages and be written for not less than the limits of <br />liability specified or required by Laws or Regulations, whichever is greater; <br />(3)Contain a provision or endorsement that the coverage afforded will not be canceled <br />or renewal refused until at least thirty (30) days prior written notice has been givenDRAFT