Common use of Endorsements and Waivers Clause in Contracts

Endorsements and Waivers. All insurance policies required to be provided by Developer hereunder shall contain or be endorsed to comply with the following provisions, provided that, for the workers’ compensation policy, only the following subsections (d) and (f) shall be applicable: (a) TxDOT and all Indemnified Parties shall be named as additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and consultants, and shall include completed operations coverage. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by an insured or additional insured shall be excess of such insurance and shall not contribute with it; (c) A severability of interests of insureds clause effectively providing that the insurance shall apply separately to each insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c); (d) Each policy shall provide that coverage shall not be suspended, voided, canceled, modified or reduced in coverage or in limits (other than as a result of payment of claims) except after 30 days’ prior written notice (or after ten days’ prior written notice in the case of cancellation due to non-payment of premium), preferably given by certified mail, return receipt requested, has been given to TxDOT. Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice; (e) All endorsements adding additional insureds to required policies shall be on form CG-20-10 (1985 edition) or an equivalent form reasonably acceptable to TxDOT; (f) Each policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (with the exception of the professional liability policy); (g) The commercial general liability insurance policy shall not exclude coverage for Subcontractor employees; and (h) The automobile liability insurance policy shall be endorsed to include Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90).

Endorsements and Waivers. All insurance policies required to be provided by Developer TSP hereunder shall contain or be endorsed to comply with the following provisions, provided that, for the workers’ compensation policy, only the following subsections clause (d) and (fc) shall be applicable: (a) TxDOT and all Indemnified Parties shall be named as additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and consultants, and shall include completed operations coveragespecify that coverage continues notwithstanding the fact that TSP has left the Project Site. Any insurance or self-insurance beyond that specified in this Agreement Contract that is maintained by an insured or additional insured shall be in excess of such insurance and shall not contribute with it;. (cb) A severability of interests of insureds clause effectively providing that the The insurance shall apply separately to each insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c);. (dc) Each policy shall provide be endorsed to state that coverage shall not be suspended, voided, canceled, modified voided or reduced in coverage or in limits (other than as a result of payment of claims) canceled except after 30 days’ prior written notice (or after ten days’ prior written notice in the case of 10 days for cancellation due to for non-payment of premium), preferably given by certified mail, return receipt requested, has been given to TxDOTthe Joint Board (or any other method of giving notice permitted under Section 21.11). Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice;. Without limiting the foregoing, TSP shall provide written notice to the Joint Board forthwith upon becoming aware of any such change or pending change in coverage or of any modification or reduction in coverage or limits. (ed) All endorsements adding additional insureds to required policies shall be on ISO form CG-20-10 (1985 edition) 10-01 or an equivalent form reasonably acceptable form(s) providing additional insureds with coverage for “completed operations.” If equivalent form(s) are used, TSP shall ensure that such form(s) provides coverage equivalent to TxDOT; (f) Each policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (the 1985 Form with the exception respect to liability arising from performance of the professional liability policy); (g) The commercial general liability insurance policy shall not exclude Work irrespective of where it is performed and that completed operations coverage for Subcontractor employees; and (h) The automobile liability insurance policy shall additional insureds is afforded. Such completed operations coverage for additional insureds may be endorsed to include Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90)provided on a separate endorsement such as ISO form CG 20 37.

Endorsements and Waivers. ‌ All insurance policies required to be provided by Developer Design-Build Contractor hereunder shall contain or be endorsed to comply with the following provisions, provided that, for the workers’ compensation policy, only the following subsections (d) and (f) shall be applicable: (a) TxDOT and all Indemnified Parties shall be named as additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents agents, and consultants, and shall include completed operations coverage. Any insurance or self-insurance beyond that specified in this Agreement PPA that is maintained by an insured or additional insured Indemnified Party, their directors, officers, employees, agents, and consultants shall be excess of such insurance and shall not contribute with it;. (cb) A severability of interests of insureds clause effectively providing that the The insurance shall apply separately to each insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c);. (dc) Each policy shall provide be endorsed to state that coverage shall not be suspended, voided, canceled, modified or reduced in coverage or in limits (other than as a result of payment of claims) except after 30 days’ thirty (30) days prior written notice (or after ten days’ prior written notice in the case of cancellation due to non-payment of premium), preferably given by certified mail, return receipt requested, has been given to TxDOTIFA. Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice;. (ed) All endorsements adding additional insureds to required commercial general liability policies shall provide additional insureds with coverage for “completed operations,” or a separate endorsement providing such coverage must be on form CG-20-10 (1985 edition) or an equivalent form reasonably acceptable added to TxDOT;the policy. (fe) Each policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (with the exception of the professional liability policy); (gliability) The commercial general liability insurance and no policy issued on an occurrence basis shall not exclude coverage for Subcontractor employees; and (h) The automobile liability insurance policy shall be endorsed to include Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90)have any sunset clause requiring reporting within a specified period of time.

Endorsements and Waivers. All insurance policies required to be provided by Developer the XXXX Contractor hereunder shall must contain or be endorsed to comply with the following provisions, provided that, for the workersWorkers’ compensation Compensation policy, only the following subsections clauses (dD) and (fF) shall be are applicable: (a) TxDOT and all Indemnified Parties shall be named as additional insureds on the insurance policies, other than the professional liability policy; (b) : For claims covered by the insurance specified herein, said insurance coverage shall must be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and consultantsagents, and consultants and must specify that coverage continues notwithstanding the fact that the XXXX Contractor has left the Site. The XXXX Contractor’s insurance policies shall include completed operations coverageprotect both parties and shall be the primary coverage for any and all losses that occur under the Contract. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by an insured the State of Louisiana or additional insured CPRA shall be excess and non-contributory of such the XXXX Contractor’s insurance; Any failure on the part of a named insured to comply with reporting provisions or other conditions of the policies, any breach of warranty, any action or inaction of a named insured or others, any foreclosure relating to the Project, or any change in ownership of all or any portion of the Project must not affect coverage provided to the other insureds or additional insureds (and their respective members, directors, officers, employees, agents, and consultants); The insurance and shall not contribute with it; (c) A severability of interests of insureds clause effectively providing that the insurance shall must apply separately to each insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c); (d) ; Each policy shall provide must be endorsed to state that coverage shall will not be suspended, voided, canceled, modified modified, or reduced in coverage or in limits (other than as a result of payment of claims) except after 30 daysCalendar Days’ prior written notice (or after ten days’ prior written notice in the case of cancellation due to non-payment of premium), preferably given by certified mail, return receipt requested, has been given to TxDOTCPRA. Such endorsement shall must not include any limitation of liability of the insurer for failure to provide such notice; (e) ; All endorsements adding additional insureds to required policies shall must be on a form CG-20-10 (1985 edition) or an equivalent form reasonably acceptable to TxDOT; (f) providing additional insureds with coverage for “completed operations”; Each policy shall must provide coverage on an "“occurrence" ” basis and not a "“claims made" ” basis (with the exception of the professional liability policypolicies); (g) ; and The commercial general liability CGL insurance policy shall not exclude coverage for Subcontractor employees; and (h) The automobile liability insurance policy shall must be endorsed to include Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90)state that coverage for subcontractor employees will not be excluded.

Endorsements and Waivers. All insurance policies Insurance Policies Developer is required to be provided by Developer provide hereunder shall contain or be endorsed to comply with all requirements specified in the Contract Documents, as well as the following provisions, provided that, for the workers’ compensation policyand professional liability policies, only the following subsections (d3) and (f7) below shall be applicable: (a) TxDOT and 1. Any failure on the part of a named insured to comply with reporting provisions or other conditions of the policies, any breach of warranty, any action or inaction of a named insured or others, or any change in ownership of all Indemnified Parties or any portion of the Project or Developer’s Interest shall be not affect coverage provided to the other named as insureds or additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and Project consultants, and shall include completed operations coverage. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by an insured or additional insured shall be excess of such insurance and shall not contribute with it); (c) A severability of interests of insureds clause effectively providing that the 2. The insurance shall apply separately to each named insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c); (d) 3. Each policy shall provide be endorsed to state that coverage shall cannot be suspendedcanceled, voided, canceledsuspended, lapsed, modified or reduced in coverage or in limits (other than as a result of payment of claims) except after 30 [60] days’ prior written notice (or after ten days’ prior written notice in the case of cancellation due to for non-payment of premium), preferably given [10] days’) prior written notice by registered or certified mail, return receipt requested, has been given to TxDOTthe Department. Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice; (e) All endorsements 4. Endorsements adding additional insureds to required policies shall contain no limitations, conditions, restrictions or exceptions to coverage beyond those that apply under the policy generally, and shall state that the interests and protections of each additional insured shall not be on form CG-20-10 (1985 edition) affected by any misrepresentation, act or an equivalent form reasonably acceptable to TxDOT; (f) Each omission of a named insured or any breach by a named insured of any provision in the policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (with the exception which would otherwise result in forfeiture or reduction of the professional liability policy); (g) coverage. The commercial general liability insurance policy shall not exclude contain an endorsement providing additional insureds with coverage for Subcontractor employees; and“completed operations;” (h) 5. The commercial general liability policy shall cover liability arising out of the acts or omissions of Developer’s employees engaged in the Work and employees of Contractors to the extent Contractors are provided coverage under such liability policy; 6. The automobile liability insurance policy shall be endorsed as required to include Motor Carrier Act Endorsement-Hazardous materials clean Materials Clean up (MCS-90).MCS-

Endorsements and Waivers. All insurance policies required (i) The Phase Developer shall ensure that all Insurance Policies contain, or are endorsed to be provided by Developer hereunder shall contain or comply with, the following: (A) each policy must be endorsed to state that coverage cannot be canceled, voided, or materially reduced in coverage or in limits (except with respect to payments under the policy which by their nature erode or deplete the limits of such policy) by the insurer except after 30 days' prior written notice (or 10 Business Days' notice for non-payment of premium) by certified mail with a return receipt requested, or by email with a hard copy to follow. Such endorsement must not include any limitation of liability of the insurer for failure to provide such notice; and (B) unless specified otherwise in Exhibit 10 (Required Insurance for Predevelopment Work), each policy must provide coverage on an "occurrence" basis and not a "claims made" basis. (ii) The Phase Developer shall cause all Insurance Policies (other than workers' compensation and professional liability policies) contain, or are endorsed to comply with with, the following provisions, provided that, for the workers’ compensation policy, only the following subsections (d) and (f) shall be applicablefollowing: (aA) TxDOT and any failure on the part of a named insured to comply with reporting provisions or other conditions of the policies, any breach of warranty, any action or inaction of a named insured or others, or any change in ownership of all Indemnified Parties shall be or any portion of the Phase Developer's Interest will not affect coverage provided to the other named as insureds or additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and consultantsagents, and shall include completed operations coverage. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by an insured or additional insured shall be excess of such insurance and shall not contribute with itPhase consultants); (cB) A severability of interests of insureds clause effectively providing that the commercial general liability insurance shall and excess liability insurance must apply separately to each named insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s 's liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c); (dC) Each policy shall provide that endorsements adding additional insured coverage shall not for MDOT and each Indemnified Party shall, for commercial general liability insurance, be suspendedevidenced by the CG 20 10 04 13 and CG 20 37 04 13 forms, voided, canceled, modified or reduced in equivalent (to ensure coverage or in limits (other than as a result of payment of claims) except after 30 days’ prior written notice (or after ten days’ prior written notice in the case of cancellation due to non-payment of premiumfor both operations and completed operations), preferably given by certified mailand, return receipt requestedwith regard to all required insurance coverages, has been given must contain no additional limitations, conditions, restrictions or exceptions to TxDOT. Such endorsement shall not include any limitation of liability of the insurer for failure to provide coverage beyond those that apply under such noticepolicy generally; (eD) All endorsements adding additional insureds to required policies shall be on form CG-20-10 (1985 edition) or an equivalent form reasonably acceptable to TxDOT;each liability policy obtained by the Phase Developer must contain the following endorsement: (fE) Each policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (with the exception of the professional liability policy); (g) The commercial general liability insurance policy shall not exclude must cover liability arising out of the acts or omissions of the Phase Developer's employees and employees of Contractors engaged in the Predevelopment Work on the terms and to the extent the Phase Developer or relevant Contractor is provided coverage for Subcontractor employeesunder such liability policy; and (hF) The any automobile liability insurance policy shall must be endorsed as required to include Motor Carrier Act Endorsement-Hazardous materials clean Materials Clean-up (MCS-90)) for those Contractors who will at any time transport Hazardous Materials.

Endorsements and Waivers. All insurance policies Insurance Policies the Development Entity is required to be provided by Developer provide hereunder shall contain or be endorsed to comply with all requirements specified in the Project Documents, as well as the following provisions; provided, provided that, that for the workers’ compensation policyand professional liability policies, only the following subsections (dSections 19.2(h)(iii) and (fviii) below shall be applicable: (ai) TxDOT and any failure on the part of a named insured to comply with reporting provisions or other conditions of the policies, any breach of warranty, any action or inaction of a named insured or others, or any change in ownership of all Indemnified Parties or any portion of the Project or the Development Entity’s Interest shall be not affect coverage provided to the other named as insureds or additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and Project consultants, and shall include completed operations coverage. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by an insured or additional insured shall be excess of such insurance and shall not contribute with it); (cii) A severability of interests of insureds clause effectively providing that the commercial general liability insurance and excess liability insurance shall apply separately to each named insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c); (diii) Each each policy shall provide be endorsed to state that coverage shall cannot be suspendedcanceled, voided, canceledsuspended, lapsed, modified or reduced in coverage or in limits (other than as a result except with respect to payments under the policy which by their nature erode or deplete the limits of payment of claimssuch policy) except after 30 thirty (30) days’ prior written notice (or after ten days’ prior written notice in the case of cancellation due to for non-payment of premium), preferably given ten (10) days’) prior written notice by registered or certified mail, return receipt requested, has been given to TxDOTthe Department. Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice; (eiv) All endorsements adding additional insureds to required policies for both on-going operations and completed operations shall be on form CG-20-ISO endorsement CG 20 10 11 85 or equivalent, or in the alternative CG 20 33 10 01 and GC 20 37 04 13 or their equivalent (1985 edition) to ensure coverage for both operations and completed operations), shall contain no additional limitations, conditions, restrictions or an equivalent form reasonably acceptable exceptions to TxDOTcoverage beyond those that apply under the policy generally, and the interests and protections of each additional insured shall not be affected by any misrepresentation, act or omission of a named insured or any breach by a named insured of any provision in the policy which would otherwise result in forfeiture or reduction of coverage; (fv) Each policy the certificate of insurance and liability policy(ies) must contain the following endorsement for the above liability coverages: “The insurer(s) shall provide coverage on an "occurrence" basis and not a "claims made" basis (with not, without obtaining the exception express advance written permission from the Office of Chief Counsel of the professional liability policyPennsylvania Department of Transportation (the Department), raise any defense involving in any way the jurisdiction of a Tribunal over the person of the Department, the immunity of the Department, its officers, agents or employees, the governmental nature of the Department, or the provisions of any statutes respecting suits against the Department.”; (gvi) The the commercial general liability insurance policy shall not exclude cover liability arising out of the acts or omissions of the Development Entity’s employees and employees of Contractors engaged in the Work on the terms and to the extent the Development Entity or relevant Contractor is provided coverage for Subcontractor employees; andunder such liability policy; (hvii) The the automobile liability insurance policy shall be endorsed as required to include Motor Carrier Act Endorsement-Hazardous materials clean Materials Clean-up (MCS-90) for those Contractors who will at any time transport Hazardous Materials; and (viii) unless specified otherwise in Schedule 9 (Insurance Coverage Requirements), each policy shall provide coverage on an “occurrence” basis and not a “claims made” basis.

Endorsements and Waivers. All insurance policies Insurance Policies Developer is required to be provided by Developer provide hereunder shall contain or be endorsed to comply with all requirements specified in the Project Documents, as well as the following provisions; provided, provided that, that for the workers’ compensation policyand professional liability policies, only the following subsections (d) Sections 19.2.8.3 and (f) 19.2.8.8 below shall be applicable: (a) TxDOT and 19.2.8.1 any failure on the part of a named insured to comply with reporting provisions or other conditions of the policies, any breach of warranty, any action or inaction of a named insured or others, or any change in ownership of all Indemnified Parties or any portion of the Project or Developer’s Interest shall be not affect coverage provided to the other named as insureds or additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and Project consultants, and shall include completed operations coverage. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by an insured or additional insured shall be excess of such insurance and shall not contribute with it); (c) A severability of interests of insureds clause effectively providing that 19.2.8.2 the insurance shall apply separately to each named insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c); (d) Each 19.2.8.3 each policy shall provide be endorsed to state that coverage shall cannot be suspendedcanceled, voided, canceledsuspended, lapsed, modified or reduced in coverage or in limits (other than as a result of payment of claims) except after 30 thirty (30) days’ prior written notice (or after ten days’ prior written notice in the case of cancellation due to for non-payment of premium), preferably given ten (10) days’) prior written notice by registered or certified mail, return receipt requested, has been given to TxDOTthe Authority. Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice; (e) All 19.2.8.4 endorsements adding additional insureds to required policies shall contain no limitations, conditions, restrictions or exceptions to coverage beyond those that apply under the policy generally, and shall state that the interests and protections of each additional insured shall not be on form CG-20-10 (1985 edition) affected by any misrepresentation, act or an equivalent form reasonably acceptable to TxDOT; (f) Each omission of a named insured or any breach by a named insured of any provision in the policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (with the exception which would otherwise result in forfeiture or reduction of the professional liability policy); (g) coverage. The commercial general liability insurance policy shall not exclude contain an endorsement providing additional insureds with coverage for Subcontractor “completed operations”; 19.2.8.5 the certificate of insurance and liability policy(ies) must contain the following endorsement for the above liability coverages: “The insurer(s) shall not, without obtaining the express advance written permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of a Tribunal over the person of Port Authority, the immunity of Port Authority, its Commissioners, Directors, officers, agents or employees; and, the governmental nature of Port Authority, or the provisions of any statutes respecting suits against Port Authority.”; (h) The 19.2.8.6 the commercial general liability policy shall cover liability arising out of the acts or omissions of Developer’s employees and employees of Contractors engaged in the Work on the terms and to the extent Developer or relevant Contractor is provided coverage under such liability policy; 19.2.8.7 the automobile liability insurance policy shall be endorsed as required to include Motor Carrier Act Endorsement-Endorsement- Hazardous materials clean Materials Clean up (“MCS-90”) for those Contractors who will at any time transport Hazardous Materials; and 19.2.8.8 unless specified otherwise in Exhibit 10 (Insurance Coverage Requirements), each policy shall provide coverage on an “occurrence” basis and not a “claims made” basis.

Endorsements and Waivers. All insurance policies required to be provided by Developer Design/Builder hereunder shall contain or be endorsed to comply with contain the following provisions, provided that, for the workers’ compensation policy, only the following subsections clause (d) and (f) shall be applicable: (a) TxDOT and all Indemnified Parties shall be named as additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, insureds and additional insureds, and their respective members, directors, officers, employees, agents and consultants, insureds and shall include completed operations coveragespecify that coverage continues notwithstanding the fact that Design/Builder has left the Site. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by an insured or additional insured shall be excess of such insurance and shall not contribute with it;such primary insurance. (b) Any failure on the part of a named insured to comply with reporting provisions or other conditions of the policies, any breach of warranty, any action or inaction of a named insured or others, any foreclosure relating to the Project or any change in ownership of all or any portion of the Project shall not affect coverage provided to the other insureds or additional insureds. (c) A severability of interests of insureds clause effectively providing that the The insurance shall apply separately to each insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c);. (d) Each policy shall provide be endorsed to state that coverage shall not be suspended, voided, canceled, modified or reduced in coverage or in limits (other than as a result of payment of claims) except after 30 days’ prior written notice (or after ten days’ prior written notice in the case of cancellation due to non-payment of premium), preferably given by certified mail, return receipt requested, has been given to TxDOTthe Alamo RMA and Design/Builder. Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice;. (e) All endorsements adding additional insureds to required policies shall be on form CG-20-10 (1985 latest edition) or an equivalent form reasonably acceptable to TxDOT;providing additional insureds with coverage for “completed operations”. (f) Each policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (with the exception of the professional liability policy); (g) The commercial general liability insurance policy shall not exclude coverage for Subcontractor employees; and (h) The automobile liability insurance policy shall be endorsed to include Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90policies).

Endorsements and Waivers. All insurance policies required to be provided by Developer Integrator hereunder shall contain or be endorsed to comply with the following provisions, provided that, for the workers’ compensation policy, only the following subsections clauses (d) and (f) shall be applicable: (a) TxDOT and all Indemnified Parties shall be named as additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and consultants, and shall include completed operations coveragespecify that coverage continues notwithstanding the fact that Integrator has left a Project Site. Any insurance or self-insurance beyond that specified in this Agreement that is maintained by an insured or additional insured shall be excess of such insurance and shall not contribute with it;. (b) Any failure on the part of a named insured to comply with reporting provisions or other conditions of the policies, any breach of warranty, any action or inaction of a named insured or others, any foreclosure relating to the Project or any change in ownership of all or any portion of the Project shall not affect coverage provided to the other insureds or additional insureds (and their respective members, directors, officers, employees, agents and consultants). (c) A severability of interests of insureds clause effectively providing that the The insurance shall apply separately to each insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c);. (d) Each policy shall provide be endorsed to state that coverage shall not be suspended, voided, canceled, modified or reduced in coverage or in limits (other than as a result of payment of claims) except after 30 daysDays’ prior written notice (or after ten days’ prior written notice in the case of cancellation due to non-payment of premium), preferably given by certified mail, return receipt requested, has been given to TxDOT. Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice;. (e) All endorsements adding additional insureds to required policies shall be on form CG-20-10 (1985 edition) or an equivalent form reasonably acceptable to TxDOT;providing additional insureds with coverage for “completed operations”. (f) Each policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (with the exception of the professional liability policyand errors and omissions policies);. (g) The commercial general liability insurance policy shall not exclude be endorsed to state that coverage for Subcontractor employees; andemployees shall not be excluded. (h) The automobile liability insurance policy shall be endorsed to include Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90).

Endorsements and Waivers. All insurance policies required to be provided by Developer TSP hereunder shall contain or be endorsed to comply with the following provisions, provided that, for the workers’ compensation policy, only the following subsections clause (d) and (fc) shall be applicable: (a) TxDOT and all Indemnified Parties shall be named as additional insureds on the insurance policies, other than the professional liability policy; (b) For claims covered by the insurance specified herein, said insurance coverage shall be primary insurance with respect to the insureds, additional insureds, and their respective members, directors, officers, employees, agents and consultants, and shall include completed operations coveragespecify that coverage continues notwithstanding the fact that TSP has left the Project Site. Any insurance or self-insurance beyond that specified in this Agreement Contract that is maintained by an insured or additional insured shall be in excess of such insurance and shall not contribute with it;. (cb) A severability of interests of insureds clause effectively providing that the The insurance shall apply separately to each insured and additional insured against whom a claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability, together with such clarifications and/or related endorsements as TxDOT accepts to reflect the intent of this clause(c);. Indiana Finance Authority/Joint Board 78. Toll Services Agreement LSIORB Toll Services Project Execution Version (dc) Each policy shall provide be endorsed to state that coverage shall not be suspended, voided, canceled, modified voided or reduced in coverage or in limits (other than as a result of payment of claims) canceled except after 30 days’ prior written notice (or after ten days’ prior written notice in the case of 10 days for cancellation due to for non-payment of premium), preferably given by certified mail, return receipt requested, has been given to TxDOTthe Joint Board (or any other method of giving notice permitted under Section 21.11). Such endorsement shall not include any limitation of liability of the insurer for failure to provide such notice;. Without limiting the foregoing, TSP shall provide written notice to the Joint Board forthwith upon becoming aware of any such change or pending change in coverage or of any modification or reduction in coverage or limits. (ed) All endorsements adding additional insureds to required policies shall be on ISO form CG-20-10 (1985 edition) 10-01 or an equivalent form reasonably acceptable form(s) providing additional insureds with coverage for “completed operations.” If equivalent form(s) are used, TSP shall ensure that such form(s) provides coverage equivalent to TxDOT; (f) Each policy shall provide coverage on an "occurrence" basis and not a "claims made" basis (the 1985 Form with the exception respect to liability arising from performance of the professional liability policy); (g) The commercial general liability insurance policy shall not exclude Work irrespective of where it is performed and that completed operations coverage for Subcontractor employees; and (h) The automobile liability insurance policy shall additional insureds is afforded. Such completed operations coverage for additional insureds may be endorsed to include Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90)provided on a separate endorsement such as ISO form CG 20 37.