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<br />Risk Management Appendix
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<br />Routine' Service Agreements With Sovereign Entities and Political Subdivisions of the State of North Dakota:
<br />Parties: State - State of North Dakota, its agencies, officers and employees
<br />Governmental Entity - The Governmental Entity executing the allached document, its agencies, officers
<br />and employees
<br />Governments - State and Government Entity, as defined above
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<br />Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses and
<br />allorney's fees which may in any manner result from or arise out of Ihis agreemen!.
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<br />Each party shall secure and keep in force during the term- of this agreement, from insurance companies, government
<br />self-insurance pools or government self-retention lunds, authorized to do business in North Dakota, the following
<br />insurance coverages covering the Governments for any and all claims of any nature which may in any manner arise
<br />out of or result from this agreement:
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<br />1) Commercial general liability and automobile liability insurance - minimum limits of liability required 01 the
<br />Governmental Entity are $250,000 per person and $500,000 per occurrence. The minimum limits of iiability
<br />required otthe State are $250,000 per person and 51,000,000 per occurrence.
<br />2) Workers compensation insurance meeting all statutory limils, '
<br />3) The policies and endorsements may not be canceled or modified without thirty (30) days priorwritten notice to
<br />the undersigned State representative,
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<br />The State reserves the right to obtain complete, certified copies of all required insurance documents,
<br />policies. or endorsements at any time.
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<br />Each party that hires subcontractors shall require any non-public subcontractors, prior 10 commencement of work sot
<br />out under an agreement belween that party ,
<br />and the non-public subcontractor, to,
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<br />Indemnify. save. and hold harmless the Governments from claims resulting from the performance 01 the
<br />subcontractor or its agent, including costs, expenses, and allorney's fees which may in any manner arise out of
<br />or result from acts or omissions in awarding .this grant or performing work or activities under the contract
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<br />Subcontractor shall secure and keep in force during the term of .this agreement, from insurance companies.
<br />govemment sell-insurance pools or government self-retention funds authorized to do business in North Dakota:
<br />1) commercial general liability; 2) automobiie Iiabilily; and 3) workers compensation insurance all covering the
<br />Subconlractor for any and all claims ot any nature which may in any manner arise out of or result trom this
<br />agreemen!. The minimum limits of liability required are $250,000 per person and $1.000.000 per occurrence for
<br />commercial general liability and automobile liabilily coverages, and statutory limits for workers,compensation,
<br />The Governmenls shall be endorsed on the commercial generalliabiiity policy and automobiie liability policy as
<br />additional insureds. Said endorsement shall contain a 'Waiver of Subrogation", waiving any right of recovery the
<br />insurance company may have agai~st the Governments as well: as provisions- that the policy and/or
<br />endorsement may not be canceled or modified without thirty (30) days prior wrillen notice to the undersigned
<br />representatives of the Governments, and Ihat any attorney who represents the State under.this policy must first
<br />qualify as and be appointed by the, North Dakota AlIorney General as a Special Assistant Allorney General as
<br />required under N.D.C,C, Section 54-12-08. Subcontractor's insurance coverage shall be primary (i.e., pay first)
<br />as respects any insurance.,self~insurance or self-retention maintainedby the Governments~ Any insurance, self.
<br />insurance or self-retention maintained by the Governmenls shall'be excess 01 the Contractor's. insurance and
<br />the Subcontractor's insurance and shall not contribute with them, Any deductible amount or other obligations
<br />under the Subcontractor's policy(ies) shall be the sole' responsibility ot the Subcontractor. This, insurance may
<br />be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form
<br />and be ptaced with insurers rated "A-" or better by A.M. Best Company, Inc, The Governments will be
<br />indemnified, saved, and held harmless to the. full extent of any coverage actually secured by the Subcontractor
<br />in excess of the minimum requirements set forth above. The Government Entity that hired the Subcontractor
<br />shall be held responsible 'for ensuring compliance wilh the above requirem~nts by all Subcontractors, The
<br />Governments reserve the right to obtain complete, certified copies of all required insurance documents, policies,
<br />or endorsements at any time. .
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<br />'See North Dakofa Risk Management Manual, section 5.1 for discussion of "unique" and "routine" agreements.
<br />RM Consulted 1997
<br />Revised 3,06
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