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B~ Risk Management Appendix Routine' Service Agreements With Sovereign Entities and Political Subdivisions of the State of North Dakota: Parties: State - State of North Dakota. its agencies. officers and employees Governmental Entity - The Governmental Entity executing the attached document, Its agencies, officers and employees Governments - State and Government Entity. as defined above Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorney's fees which may in any manner result from or arise out of this agreement. Eachparty shall secure and keep in force during the term of this agreement. from insurance companies, government self-Insurance pools or government self-retention funds, authorized to do business In North Dakota, the fOllowing insurance coverages covering the Governments for any and all claims of any nature which may in any manner arise out of or result from this agreement: 1) Commercial general liability and automobile liability insurance - minimum limits of liability required of the Governmental Entityare $250,000 per person and $500,000 per occurrence. The minimum limits of liability required of the State are $250,000 per person and $1,000,000 per occurrence. 2) Workers compensation insurance meeting all statutory limits. 3) The policies and endorsements may not be canceled or modified without thirty (30) days prior written notice to the unde.rsigned State representative. The State reserves the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time. Each party that hires subcontractors shall require any non-public subcontractors, prior to commencement of work set out under an agreement between that party and the non-public subcontractor, to: Indemnify. save. and hold harmless the Governments from claims resulting .from the performance of the subcontractor or its agent. including costs. expenses, and attorney's fees which may in any manner arise out of or result from acts or omissions in awarding this grant or performing work or activities under the contract. Subcontractor shall secure and keep in force during the term of this agreement. from insurance companies, government self-insurance pools or government self-retention funds authorized to do business in North Dakota: 1) commercial general liability; 2) automobile liability; and 3) workers compensation insurance all covering the Subcontractor for any and all claims of any nature which may in any manner arise out of or result Iromthis agreement. The minimum limits of liability required are $250,000 per person and $1.000,000 per occurrence lor commercial general liability and automobile liability coverages, and statutory limits for workers compensation. The Governments shall be endorsed on the commercial general liability policy and automobile. liability policy as additional insureds. Said endorsement shall contain a 'Waiver of Subrogation" waiving any right of recovery the insurance company may have against the Governments. as well as provisions that the policy and/or endorsement may hot be canceled or modified without thirty (30) days prior written notice to the undersigned representatives 01 the Governments, and that any attorney who represents the State under this policy mustllrst qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. Section 54,12-08. Subcontractor's insurance coverage shall be primary (Le.. pay first) as respects any insurance. self-insurance or self-retention maintained by the Governments. Any insurance, .self- insurance or sell.retention maintained by the Governments shall be excess of the Contractor's insurance and the Subcontractor's insurance and shall not contribute with them. Any deductible amount or .other obligations under the Subcontractor's policy(ies) shall be the soieresponsibility 01 the Subcontractor. This insurance may be in policy or policies of insurance, primary and excess. including the so-called umbrella or catastrophe lorm and be placed with insurers rated "A." or better by A.M. Best Company. Inc. The Governments.will be indemnified, saved. and held harmless to the full extent of any coverage actually seCured by the Subcontractor in excess of the minimum requirements set forth above. The Government Entity that hired the Subcontractor shall be heid responsible lor ensuring compliance with the above requirements by all Subcontractors. The Governments reserve the right to obtain complete. certified copies 01 all required insurance documents. policies. or endorsements at any time. 'See North Dakota Risk Management Manual, section 5.1 lor discussion of "unique" and "routine" agreements. . RM Consulted 1997 Revised 3-06