12-19-2019
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12-19-2019
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<br />Page 10 of 25 <br /> <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 /> <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 <br />Professional Liability Policies); <br /> <br />(10) Either in the policies or in endorsements, contain a provision that the legal <br />defense provided to the Owner, the Diversion Authority and the State of North <br />Dakota must be free of any conflict of interest, even if retention of separate <br />legal counsel is necessary; <br /> <br />(11) Either in the policies or in endorsements, contain a provision that any attorney <br />who represents the State of North Dakota must first qualify as and be appointed <br />by the North Dakota Attorney General as a Special Assistant Attorney General <br />as required under N.D.C.C § 54-12-08; <br /> <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 Owner or the Diversion Authority or the State <br />of North Dakota, and that any insurance maintained by those parties will be in <br />excess of Consultant’s insurance and will not contribute with it (except for <br />Workers’ Compensation and Professional Liability Policies). <br /> <br />C. The limits of liability for the insurance required by this Section will provide coverage <br />for not less than the following amounts or greater where required by Laws and <br />Regulations: <br /> <br />(1) Workers’ Compensation, and related coverages under paragraphs 21(A)(1) and <br />21(A)(2): <br /> <br />(a) State: Statutory; <br />(b) Applicable Federal (e.g. Longshoreman’s): Statutory; <br />(c) Employer’s Liability: $1,000,000. <br /> <br />(2) Consultant’s General Liability under paragraphs 21(A)(3) through 21(A)(6) <br />which will include premises or operations coverage, completed operations and <br />product liability coverages, and will eliminate the exclusion with respect to <br />property under the care, custody, and control of Consultant: <br /> <br />(a) General Aggregate: $2,000,000 <br />(b) Products-Completed Operations Aggregate: $1,000,000 <br />(c) Personal and Advertising Injury: $1,000,000
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