07-27-2017
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07-27-2017
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<br />Page 14 of 27 <br />(5) The following will be included as additional insured on all of Consultant’s general <br />liability and automobile insurance policies required under this Agreement: <br /> <br />(a) Cass County Joint Water Resource District; <br />(b) Diversion Authority; and <br />(c) State of North Dakota. <br /> <br />(6) If Consultant is domiciled outside of the State of North Dakota, Consultant will <br />purchase and maintain employer’s liability or “stop gap” insurance of not less than <br />$1,000,000 as an endorsement on Consultant’s Workers’ Compensation and <br />General Liability Policies. <br /> <br />D. Consultant will ensure that any of its subcontractors or subconsultants secure and <br />maintain insurance policies and endorsements required of Consultant and the Diversion <br />Authority in limits no less than those specified and required to be passed down to <br />subcontractors in Paragraph 8 of the Diversion Authority’s contract with the North <br />Dakota State Water Commission. <br /> <br />E. If any required policy is written on a “claims made” form, Consultant must maintain the <br />coverage continuously throughout the term of this Agreement, and, without lapse, for <br />three (3) years beyond the termination or expiration of this Agreement and the Diversion <br />Authority’s acceptance of all services provided under this Agreement. The retroactive <br />date or “prior acts inclusion date” of any “claims made” policy must be no later than the <br />date that services commence under this Agreement. <br /> <br />F. Before Consultant begins performing services, Consultant must send the Diversion <br />Authority certificates of insurance and any applicable endorsements attesting to the <br />existence of coverage. Consultant will not allow its polices to be cancelled, lapse, and/or <br />terminate or be amended to reduce coverage below the minimums called for in this <br />Agreement without thirty (30) days’ notice to the Diversion Authority. The certificates <br />of insurance issued to confirm Consultant’s compliance must reference this Agreement. <br /> <br />G. If required insurance lapses during the term of this Agreement, the Diversion Authority <br />is not required to process invoices after such lapse until Consultant provides evidence of <br />reinstatement that is effective as of the lapse date. <br /> <br />H. The Diversion Authority shall have no specific responsibility to provide any general <br />liability coverage or worker’s compensation coverage for the benefit of Consultant’s <br />employees during the terms of this Agreement. <br /> <br />24. OPEN RECORDS. Consultant will cooperate with the Diversion Authority in responding to <br />any request for documents by any third party to the extent such documents may be required <br />to be disclosed under Chapter 44-04 of North Dakota Century Code regarding open records <br />laws. <br /> <br />25. DATA FURNISHED BY THE DIVERSION AUTHORITY. The Diversion Authority will <br />provide to Consultant all data in the Diversion Authority’s possession relating to DRAFT
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