Laserfiche WebLink
(3) <br /> <br />(f) <br /> <br />(g) <br /> <br />(e) <br /> <br /> appointed by the North Dakota Attorney General as <br /> a Special Assistant Attorney General as required <br /> under N.D.C.C.§54-12-08; <br />· a provision that the Contractor's insurance coverage <br /> shall be primary (i.e., pay first) as respects any <br /> insurance, self-insurance or self-retention <br /> maintained by the State and that any insurance, self- <br /> insurance or self-retention maintained by the State <br /> shall be excess of the County's insurance and shall <br /> not contribute with it; <br />The legal defense provided to the County under the policy <br />and any endorsements must be free of any conflicts of <br />interest, even if retention of separate legal counsel for the <br />State is necessary. <br />The County shall furnish a certificate of insurance and all <br />endorsements to the Commission before commencement of <br />this agreement. <br />Failure to obtain and maintain insurance as required <br />throughout the term of this agreement is 'a material breach <br />of contract entitling the State to terminate this agreement <br />immediately. <br /> <br />In addition, the County shall require all contractors/subcontractors, <br />before commencement of an agreement between the County and <br />the contractor/subcontractor, to secure and keep in force during the <br />term of the agreement the following additional coverages: <br />(a) The State and the County shall be endorsed on the <br /> commercial general liability policy, including any excess <br /> policies (to the extent applicable), as additional insured. <br /> The State and the County shall have all the rights and <br /> coverages as the contractor/subcontractor under the <br /> policies. The additional insured endorsement for the <br /> commercial general liability policy shall be written on a <br /> form equivalent to the ISO 1985 CG 20 10-form, or other <br /> form as approved by the State and the County, and shall not <br /> limit or delete the State's or the County's coverage in any <br /> way based upon the State's or the County's acts or <br /> omissions. <br />(b) The State and the County will be defended, indemnified, <br /> and held harmless to the full extent of any coverage <br /> actually secured by the contractor/subcontractor in excess <br /> of the minimum requirements set forth above. Any duty to <br /> indemnify the State and the County under this agreement <br /> shall not be limited by the insurance required in this <br /> agreement. <br /> <br /> <br />