12-19-2019
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12-19-2019
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<br />Page 9 of 25 <br /> <br />(1) With respect to insurance required by above paragraphs 20(A)(3) through <br />20(A)(6) inclusive, be written on an occurrence basis, included as additional <br />insureds (subject to any customary exclusion regarding Professional Liability <br />and Workers Compensation) the Owner and any other individuals or entities <br />identified, all of whom will be listed as additional insureds, and include <br />coverage for the respective officers, directors, members, partners, employees, <br />agents, consultants, and subcontractors of each and any of all such additional <br />insured, and the insurance afforded to these additional insureds will provide <br />primary coverage for all claims covered in the General Liability and <br />Automobile Liability Policies; <br /> <br />(a) All insurance policies required under this Agreement, including the Excess <br />or Umbrella Liability Policies, must be from insurers rated “A-” or better by <br />the A.M. Best Company, Inc. <br /> <br />(2) Include at least the specific coverages and be written for not less than the limits <br />of liability specified or required by Laws or Regulations, whichever is greater; <br /> <br />(3) Contain a provision or endorsement that the coverage afforded will not be <br />canceled or renewal refused until at least thirty (30) days’ prior written notice <br />has been given to the Owner and to each other additional insured identified to <br />whom a certificate of insurance has been issued (and the certificates of <br />insurance furnished by Consultant pursuant to this Section will so provide); <br /> <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 /> <br />(5) Include completed operations coverage: <br /> <br />(a) Such insurance will remain in effect for one (1) year after final payment. <br /> <br />(b) Consultant will furnish the Owner and each other additional insured <br />identified, to whom a certificate of insurance has been issued, evidence <br />satisfactory to the Owner and any such additional insured of continuation of <br />such insurance at final payment and one (1) year thereafter. <br /> <br />(6) Not limit in any way Consultant’s duties to defend, indemnify, and hold <br />harmless the Owner, the Diversion Authority and the State of North Dakota, and <br />those parties’ officers, employees, agents, consultants, subcontractors, and <br />representatives in accordance with Section 28; <br /> <br />(7) Either in the policies or in endorsements, contain a “waiver of subrogation” <br />(except for in the Professional Liability Policy and Workers’ Compensation <br />Policy) that waives any right to recovery any of Consultant’s insurance <br />companies might have against the Owner, the Diversion Authority or the State <br />of North Dakota.
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