Laserfiche WebLink
<br />D. State, including its agencies, officers, and employees, will be endorsed <br />on the commercial general liability policies as additional insureds. The <br />State shall have all the rights and coverages as Contractor under said <br />policies. <br /> <br />E. The insurance required in this agreement, through a policy or <br />endorsement, shall include: <br />1. a "Waiver of Subrogation" waiving any right of recovery the <br />insurance company may have against State; <br />2. a provisions that the policy or endorsement may not be canceled or <br />modified without thirty (30) days' prior written notice to Department; <br />3. a provision that any attorney who represents State under this <br />policy shall first qualify as and be appointed by the North Dakota <br />Attorney General as a Special Assistant Attorney General as required <br />under N D.C.C. S 54-12-08; <br />4. a provision that Contractor's insurance coverage will be primary <br />(i.e., pay first) as respects any insurance, self-insurance or self- <br />retention maintained by the state and that any insurance, self~ <br />insurance or self-retention maintained by State will be in excess of <br />Contractor's insurance and shall not contribute with it; <br />5. cross liability/severability of interest for all policies and <br />endorsements; <br /> <br />F. The legal defense provided to State under the policy and any <br />endorsements must be free of any conflicts of interest, even if retention <br />of separate legal counsel for State is necessary. <br /> <br />G. By June 1,2005, Contractor shall furnish Department with a <br />certificate(s) of insurance evidencing required coverages and a copy of <br />all required endorsements. <br /> <br />H. Failure to provide these insurance documents as required is a material <br />breach, entitling State to terminate this agreement immediately. <br /> <br />I. All subcontractors are required to maintain the same scope of <br />insurance required of Contractor itself in this contract. The Contractor <br />is responsible for ensuring compliance with these requirements by all <br />subcontractors. <br /> <br />J. Contractor, its successors, or assigns agree to maintain the required <br />insurance for the contract duration and four years thereafter and <br />certificates of insurance evidencing the same must be provided to <br />Department. Contractor agrees to submit these certificates of insurance <br />annually by June 30 of each year beginning in 2005 and ending in 2009. <br /> <br />10 <br />