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Page 12 of 27 <br />to the Diversion Authority and to each other additional insured identified to whom <br />a certificate of insurance has been issued (and the certificates of insurance <br />furnished by Consultant pursuant to this section will so provide); <br />(4)Remain in effect at least until final payment and at all times thereafter when <br />Consultant may be correcting, removing, or replacing defective work; <br />(5)Include completed operations coverage: <br />(a)Such insurance will remain in effect for two (2) years after final payment. <br />(b)Consultant will furnish the Diversion Authority and each other additional <br />insured identified, to whom a certificate of insurance has been issued, evidence <br />satisfactory to the Diversion Authority and any such additional insured of <br />continuation of such insurance at final payment and one year thereafter. <br />(6)Not limit in any way Consultant’s duties to defend, indemnify, and hold harmless <br />the Diversion Authority and the State of North Dakota, and those parties’ officers, <br />employees, agents, consultants, subcontractors, and representatives in accordance <br />with Section 33; <br />(7)Either in the policies or in endorsements, contain a “waiver of subrogation” (except <br />for in the Professional Liability Policy and Workers Compensation policy) that <br />waives any right to recovery any of Consultant’s insurance companies might have <br />against the Diversion Authority or the State of North Dakota. <br />(8)Either in the policies or in endorsements, contain a provision that Consultant’s <br />insolvency or bankruptcy will not release the insurers from payment under the <br />policies, even when Consultant’s insolvency or bankruptcy prevents Consultant <br />from meeting the retention limits under the policies; <br />(9)Either in the policies or in endorsements, contain cross liability/severability of <br />interests, to ensure that all additional parties are covered as if they were all <br />separately covered (with the exception of Workers Compensation and Professional <br />liability policies); <br />(10)Either in the policies or in endorsements, contain a provision that the legal defense <br />provided to the Diversion Authority and the State of North Dakota must be free of <br />any conflict of interest, even if retention of separate legal counsel is necessary; <br />(11)Either in the policies or in endorsements, contain a provision that any attorney who <br />represents the State of North Dakota must first qualify as and be appointed by the <br />North Dakota Attorney General as a Special Assistant Attorney General as <br />required under N.D.C.C § 54-12-08; <br />(12)Either in the policies or in endorsements, contain a provision that Consultant’s <br />policies will be primary and noncontributory regarding any other insurance <br />maintained by or available to the Diversion Authority or the State of North Dakota,DRAFT