Common use of Construction Manager Insurance Clause in Contracts

Construction Manager Insurance. (a) The Construction Manager shall obtain and maintain during the term of this Agreement all policies of insurance coverage as may be required pursuant to law and this Section. The Construction Manager may maintain the insurance coverage required pursuant to this Section through a combination of primary and excess policies covering the Project. Each liability insurance policy required pursuant to this Section must be primary and not contributing with respect to any insurance or self- insurance programs covering or maintained by the District and/or any of the District Agents. Insurance proceeds received by the Construction Manager attributable to claims or damages for which the District is liable shall serve to offset the District’s liability for such claims or damages. The Construction Manager having in effect the insurance policies required pursuant to this Section is a material part of the consideration given to the District for this Agreement and any failure by the Construction Manager to maintain or renew such policies as provided herein shall be deemed a material breach by the Construction Manager of its obligations pursuant to this Agreement. If the Construction Manager fails to maintain the insurance policies as required pursuant to this Section, the District, in its sole discretion, may obtain and maintain such insurance coverage as it determines necessary and may withhold funds from the Construction Manager due hereunder, without liability or recourse by the Construction Manager, to pay the cost of such insurance coverage.

Construction Manager Insurance. (a) The Construction Manager shall obtain and maintain during the term of this Agreement all policies of insurance coverage as may be required pursuant to law and this Section. The Construction Manager may maintain the insurance coverage required pursuant to this Section through a combination of primary and excess policies covering the Project. Each liability insurance policy required pursuant to this Section must be primary and not contributing with respect to any insurance or self- self-insurance programs covering or maintained by the District and/or any of the District Agents. Insurance proceeds received by the Construction Manager attributable to claims or damages for which the District is liable shall serve to offset the District’s liability for such claims or damages. The Construction Manager having in effect the insurance policies required pursuant to this Section is a material part of the consideration given to the District for this Agreement and any failure by the Construction Manager to maintain or renew such policies as provided herein shall be deemed a material breach by the Construction Manager of its obligations pursuant to this Agreement. If the Construction Manager fails to maintain the insurance policies as required pursuant to this Section, the District, in its sole discretion, may obtain and maintain such insurance coverage as it determines necessary and may withhold funds from the Construction Manager due hereunder, without liability or recourse by the Construction Manager, to pay the cost of such insurance coverage.

Construction Manager Insurance. (a) The Construction Manager shall obtain and maintain during the term of this CM Agreement all policies of insurance coverage as may be required pursuant to law and this Section. The insurance coverage to be maintained by Construction Manager may maintain the insurance coverage required pursuant to this Section through a combination shall be provided in the form of primary and excess separate policies covering for each Project, unless otherwise agreed in writing by the District, but in no event shall any claim or recovery on one Project reduce or eliminate required coverage on any other Project. Each liability such insurance policy required pursuant to this Section must shall be primary and not contributing with respect to any insurance or self- self-insurance programs covering or maintained by the District and/or any of the District Agents. Insurance proceeds received by the Construction Manager attributable to claims or damages for which the District is liable shall serve to offset the District’s liability for such claims or damages. The Maintenance by the Construction Manager having in effect of the insurance policies required pursuant to this Section is a material part of the consideration given to the District for this CM Agreement and any failure by the Construction Manager to maintain or renew such policies as provided herein shall be deemed a material breach by the Construction Manager of its obligations pursuant to this CM Agreement. If the Construction Manager fails to maintain the insurance policies as required pursuant to this Section, the DistrictDistrict may, in its sole discretion, may obtain and maintain such insurance coverage as it determines necessary and may withhold funds from the Construction Manager due hereunder, without liability or recourse by the Construction Manager, to pay the cost of such insurance coverage.