Common use of ARCHITECT’S RESPONSIBILITIES Clause in Contracts

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide the professional services as set forth in this Agreement. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project as required by the terms of this Agreement. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to in this Agreement, the only exceptions to this being: (1) the cost of those services that are provided by third parties and that are expressly designated herein as being ’the Owner’s responsibility" or "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locally, regionally or nationally. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the insurance requirements of Exhibit B, "Insurance Requirements" for the duration of this Agreement. § 2.6 (G.S. Chapter 133) The Architect shall comply with applicable provisions of N.C. General Statutes Chapter 33, Article 1.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide the professional services as set forth in this Agreement. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project as required by the terms of this AgreementProject. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to in this Agreement, the only exceptions to this being: (1) the cost of those services that are provided by third parties and that are expressly designated herein as being ’the Owner’s responsibility" or "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locallylocality, regionally or nationally. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the insurance requirements of Exhibit B_B , "Insurance Requirements" for the duration of this Agreement. § 2.6 (G.S. Chapter 133) The Architect shall comply with applicable provisions of N.C. General Statutes Chapter 33, Article 1.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide the professional services as set forth in this Agreement. The Architect will provide all professional services necessary for the complete design and construction documentation of the Project as required by the terms of this AgreementProject. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to in this Agreement, the only exceptions to this being: (1) the cost of those services that are provided by third parties and that are expressly designated herein as being ’the Owner’s responsibility" or "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locallylocality, regionally or nationally. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the insurance requirements of Exhibit BB , "Insurance Requirements" for the duration of this Agreement. § 2.6 (G.S. Chapter 133) The Architect shall comply with applicable provisions of N.C. General Statutes Chapter 33, Article 1.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide hold periodic conferences with Director or his/her representatives through the professional services as set forth end of the Project so that Architect has the full benefit of City’s experience and knowledge of existing needs and facilities, and so the Project is consistent with City’s current policies and standards. To assist Architect in this Agreementcoordination, City shall make available for Architect’s use in planning and designing the Project, all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to this particular Project, at no cost to Architect. The However, any and all such information shall remain the property of City and shall be returned by Architect upon termination or completion of the Project or if instructed to do so by the Director. 2.2 Architect warrants that Services provided by Architect under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in Bexar County, Texas. 2.3 Unless otherwise required by City, Architect shall apply for and assist City in obtaining building permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for the completion of the Project. Architect will provide all professional services necessary for City reasonable assistance in connection with such approvals and permits, such as the complete design and construction documentation furnishing of the Project as required data compiled by the terms Architect, pursuant to other provisions of this Agreement. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to in this Agreement, the only exceptions to this being: (1) the cost of those services that are provided by third parties and that are expressly designated herein as being ’the Owner’s responsibility" or "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used by architects on similar projects, whether such similar projects can be found locally, regionally or nationally. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act appear on behalf of the City at up to three meetings with governmental entities, but Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without obligated to develop additional data, prepare extensive reports or appear at hearings or the Owner’s written authorization. § 2.4 Except with the Owner’s knowledge and consentlike, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the insurance requirements of Exhibit B, "Insurance Requirements" for the duration unless compensated therefore under other provisions of this Agreement. § 2.6 (G.S. Chapter 133) The 2.4 Architect shall comply be represented by a registered professional Architect licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including, but not limited to, scope meetings, review meetings, pre-bid meetings, preconstruction meetings, and other meetings as required by the Project. 2.5 Architect shall prepare Change Orders and Field Work Directives, and, with applicable concurrence of City, have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which the Construction Contractor shall carry out promptly and record on the as-built record documents. 2.6 The Texas Board of Architectural Examiners, Hobby Building, 000 Xxxxxxxxx, Suite. 2- 350, Austin, Texas 78701, (000) 000-0000 and/or Texas Board of Professional Engineers, 0000 XX-00 Xxxxx, Xxxxxx, Xxxxx 00000, (000) 0000000 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 2.7 Acceptance of the final plans by City shall not constitute nor be deemed a release of the responsibility and liability of Architect, its employees, associates, agents or sub-Architects for the accuracy and competency of their designs, drawings, specifications or other documents and Services; nor shall such acceptance be deemed an assumption of responsibility or liability by City for any defect in the designs, working drawings, specifications or other documents and Work prepared by said Architect, its employees, sub-Architects and agents. 2.8 Architect warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Architect, to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement under the provisions of N.C. General Statutes Chapter 33, Article 1XII herein.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide the professional services as set forth in this Agreement. The Architect will provide all professional services necessary for represents that it is properly licensed in the complete design and construction documentation of jurisdiction where the Project as is located to provide the services required by the terms of this Agreement. The Architect agrees that the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to in this Agreement, the only exceptions or shall cause such services to this being: (1) the cost of those services that are provided be performed by third parties and that are expressly designated herein as being ’the Owner’s responsibility" or "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect)appropriately licensed design professionals. § 2.2 The All of the work performed by the Architect under this Agreement shall meet a be performed in accordance with the standard of professional care, skill and care used diligence commensurate with that provided by architects on qualified design professionals for projects of similar projectssize, whether such similar projects can be found locallycomplexity, regionally or nationallyand difficulty. The Architect shall perform its services as expeditiously as is consistent with such professional skill and carecare and the orderly progress of the Project. § 2.2.1 The Architect will exercise professional efforts to achieve appropriate coordination of plans and specifications issued by the Architect for the Project. Architect’s responsibility for coordination with consultants retained by Owner shall be limited to incorporation of the information, data, recommendations, and deliverables supplied to the Architect via the Owner by such consultants into the Architectural design drawings and related specifications so as to minimize the physical and observable conflicts, ambiguities, and inconsistencies that Architect observes or becomes aware of in accordance with the prevailing Architectural professional practice § 2.2.2 The Architect shall design the Project to comply with the applicable laws, statutes, codes, ordinances, rules and regulations of the controlling jurisdiction in effect at the time of the completion of the construction documents., including the Americans With Disabilities Act and other applicable laws and regulations protecting the disabled ("accessibility legislation"), insofar as they apply to the design of the Project and are consistent with applicable standards of practice and prevailing design standards of care. The obligations of the Architect and its consultants are subject to: (i) all approved variances therefrom, and (ii) written agency interpretations thereof when based upon inquiry by Architect to the agencies charged with the enforcement of such laws, statutes, codes, ordinances, rules and regulations. It is understood and agreed that Architect and its consultants are not responsible for code interpretations made in the field by representatives of agencies or authorities having jurisdiction over the Project during the course of construction which are inconsistent with or contrary to comments or approvals previously provided by those agencies or authorities during the pre-permit review procedure. § 2.2.3 The Architect shall promptly pay all bills, debts and obligations it incurs performing work under this Agreement and, provided that Architect is timely paid undisputed amounts due from the Owner under this Agreement, shall not allow any lien, verified claim, mortgage, judgment or execution to be filed against any portion of the Project or any land, facilities, funds or improvements owned or beneficially owned by the Owner by any employee, subcontractor, supplier or consultant or Architect or any party under contract with the Architect or its consultants. § 2.2.4 The Architect hereby represents, promises and warrants to Owner that it is financially solvent and possesses sufficient experience, licenses (including required state license), authority, personnel and working capital to complete the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as services required by law of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and hereunder; that the Architect, by signing drawings or preparing Construction Documents to submit Architect has visited the site for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in thoroughly familiarized itself with the conditions under which the services required hereunder are to be provided; and that the Architect will correlate its observations on the conditions and all of the provisions of this Agreement and of the Construction Documents. § 2.2.5 Architect shall be construed responsible to eliminate Owner for acts and omissions of entities performing any of the work for or diminish the on behalf of Architect. The Owner’s approval, acceptance, use of or payment for all or any part of Architect’s responsibility for compliance work or services hereunder shall not alter Architect’s obligations or Owner’s right hereunder. The Architect shall provide all professional design services required by the Owner in defending all claims, except between Owner and Architect, against the Owner which relate in any way to alleged errors or omissions of the Architect or any of its designconsultants, its Construction Documents, and its Services provided with local, state, and federal statutes and regulationswithout additional compensation. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization. § 2.4 2.5 Except with the OwnerOwner and Construction Manager’s prior knowledge and written consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. Neither the Architect nor any of its employees or consultants shall have other interests which conflict with the interests of the Owner, including being connected with the sale or promotion of equipment or material which may be used on the Project, and the Architect shall make written inquiry of all of its consultants concerning the existence of or potential for such conflict. In unusual circumstances, and with full disclosure to the Owner of such conflict of interest, the Owner, in its sole discretion, may grant a written waiver for the Architect or particular consultant. § 2.5 2.6 The Architect shall maintain the following insurance requirements of Exhibit B, "Insurance Requirements" for the duration until termination of this Agreement. § 2.6 2.6.1 Commercial General Liability with policy limits of not less than «two million » (G.S. Chapter 133$ «2,000,000.00 » ) for each occurrence and «four million dollars » ($ «4,000,000.00 » ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than «two million dollars » ($ «2,000,000.00 » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall comply with applicable provisions any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of N.C. General Statutes Chapter 33, Article 1the underlying limits only through the actual payment by the underlying insurers.

ARCHITECT’S RESPONSIBILITIES. § 2.1 The Architect shall provide the professional services as set forth in this AgreementAgreement and in Exhibit A, the Project Authorization for the Project. The Architect will provide all professional services necessary for represents that it is properly licensed in the complete design and construction documentation of jurisdiction where the Project as is located to provide the services required by the terms of this Agreement, or shall cause such services to be performed by appropriately licensed design professionals within the scope of Basic Services. The scope of Basic Services to be § 2.2 Architect understands and acknowledges that it has been engaged by the Owner to provide Architect’s services based, in part, on the Architect’s represented character, expertise, experience and qualifications in providing architectural and engineering services comparable to those to be provided under this Agreement and on project comparable in kind and scope to this Project. The Architect agrees that shall perform its services consistent with the Basic Services Fee, as stated in Article 11, represents adequate and sufficient compensation for its timely provision of all professional Basic Services (including those of its consulting structural, mechanical, electrical, plumbing, and civil, and other consulting engineers) necessary to completely design the Project and prepare Construction documents that fully indicate the requirements of construction of the Work, whether or not those Services are individual listed or referred to in this Agreement, the only exceptions to this being: (1) the cost of those services that are provided by third parties and that are expressly designated herein as being ’the Owner’s responsibility" or "owner-provided"; and (2) the cost of those engineering or consulting Services that become necessary as a result of an Owner-directed change in Project scope affecting the Architect (and that are the subject of a written agreement for Additional Services between the Owner and the Architect). § 2.2 The Architect shall meet a standard of professional skill and care used ordinarily provided by architects on performing similar projectsservices for educational institutions with facilities of like size and kind, whether such similar projects can including but not limited to the skill and care necessary to cause all final Construction Documents prepared by Architect or consultants of Architect to be found locallyin compliance with all applicable laws, regionally statutes, codes, ordinances, orders, rules and regulations of the governmental authority or nationallyauthorities having jurisdiction over the Project; to be complete, detailed, and ready for bidding and construction, and to be free of errors or omissions. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care. § 2.2.1 The Architect hereby warrants that it (care and the individual architects and engineers it employs on this Project) are registered, licensed and authorized to practice Architecture (or Engineering, as the case may be) as required by law orderly progress of the State of North Carolina. The Architect warrants that its designs, Construction Documents, and Services shall conform to all federal, state, and local statutes and regulations governing its Services, the Project, and the Work. The Architect agrees and acknowledges that his duty is non-delegable—and that the Architect, by signing drawings or preparing Construction Documents to submit for purpose of obtaining building and other governmental permits, shall be deemed to certify that it has taken every reasonable measures to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this Agreement shall be construed to eliminate or diminish the Architect’s responsibility for compliance of its design, its Construction Documents, and its Services provided with local, state, and federal statutes and regulations. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. This designation shall be submitted in writing for the Owner’s prior approval. Once approved, the designated representative shall not be changed without the Owner’s written authorization. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall procure and maintain the following insurance requirements of Exhibit B, "Insurance Requirements" for the duration until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, upon notice by the Architect and the subsequent written agreement of the parties, the Owner shall pay the Architect as set forth § 2.5.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1,000,000.00) for each occurrence and two million dollars ($ 2,000,000.00) in the aggregate for bodily injury and property damage. § 2.6 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than one million dollars (G.S. Chapter 133$ 1,000,000.00) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall comply with applicable provisions any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of N.C. General Statutes Chapter 33, Article 1the underlying limits only through the actual payment by the underlying insurers.