Common use of Other Insurance Provisions Clause in Contracts

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICT, the Construction Manager, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECT; instruments of service and completed operations of the ARCHITECT; premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECT. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For any claims related to this project, the ARCHITECT’S insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. 14.5.1 All policies except for the professional liability insurance policy shall be written on an occurrence form. 14.5.2 The DISTRICTDistrict, the Construction Manager, their its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTConstruction Manager; instruments of service and completed operations of the ARCHITECTConstruction Manager; premises owned, occupied or used by the ARCHITECTConstruction Manager; or automobiles owned, leased, hired or borrowed by the ARCHITECTConstruction Manager. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For any claims related to this project, the ARCHITECT’S insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S insurance and shall not contribute with it. 3. 14.5.3 Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4. 14.5.4 The ARCHITECT'S Construction Manager’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. 5. 14.5.5 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. 14.5.6 Construction Manager’s insurance coverage shall be primary insurance as respects the Additional Insureds with respect to any claims related to, arising out of, or connected with the Project. Any insurance or self- insurance maintained by the Additional Insureds shall be in excess of the Construction Manager’s insurance and shall not contribute with it.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTDistrict, the District’s Program Manager, Construction Manager, or both, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect; instruments of service Service and completed operations of the ARCHITECTArchitect; premises owned, occupied or used by the ARCHITECTArchitect; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For any claims related to this projectthe projects, the ARCHITECT’S Architect’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect’s insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4. The ARCHITECT'S Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. Architect further agrees to notify District immediately of any change in status affecting Architect’s licensing and/or ability to perform duties described herein.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. 14.5.1 All policies except for the worker’s compensation, employer’s liability and professional liability insurance policy shall be written on an occurrence form. 14.5.2 The DISTRICTDistrict, the Construction Manager, their its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTConstruction Manager; instruments Instruments of service Service and completed operations of the ARCHITECTConstruction Manager; premises owned, occupied or used by the ARCHITECTConstruction Manager; or automobiles owned, leased, hired or borrowed by the ARCHITECTConstruction Manager. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For All endorsements shall waive any claims related right to this project, the ARCHITECT’S insurance coverage shall be primary insurance as respects subrogation against any of the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S insurance and shall not contribute with it. 314.5.3 Construction Manager shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of additional insureds. If Construction Manager fails to maintain insurance, District may take out comparable insurance, and deduct and retain amount of premium from any sums due Architect under the Agreement. 14.5.4 Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4. 14.5.5 The ARCHITECT'S Construction Manager’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. 5. 14.5.6 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspendedcanceled, voidednot renewed, canceled by either party, reduced or material change in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. 14.5.7 Construction Manager’s insurance coverage shall be primary and non-contributory insurance as respects the Additional Insureds with respect to any claims related to, arising out of, or connected with the Project. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the Construction Manager’s insurance and shall not contribute with it. 14.5.8 Construction Manager shall require all subconsultants to maintain the level of insurance Construction Manager deems appropriate with respect to the subconsultant’s scope of the Work unless otherwise indicated in the Agreement. Construction Manager shall cause the subconsultants to furnish proof thereof to District within ten (10) Days of District’s request. Should Construction Manager not require subconsultants to provide the same level of insurance as is required of Architect, as provided in this Agreement, Construction Manager is not relieved of its indemnity obligations to District or fulfilling its insurance requirements as provided in this Agreement. 14.5.9 If Construction Manager normally carries insurance in an amount greater than the minimum amounts required herein, that greater amount shall become the minimum required amount of insurance for purposes of the Agreement. Therefore, Construction Manager hereby acknowledges and agrees that all insurance carried by it shall be deemed liability coverage for all actions it performs in connection with the Agreement.

Other Insurance Provisions. The general liability Seller shall procure and automobile liability policies are to containcontinuously maintain, or cause to be endorsed to containprocured and continuously maintained, the following provisionsinsurance provisions for all coverages, other than otherwise specifically provided herein: 1. The DISTRICT(a) Provide that in the event of any loss payment under such policy, the Construction Managerinsurer(s) shall waive any rights of subrogation against Purchaser, Lenders/Investors of ProjectCo and Purchaser and its Affiliates, Landowners, Purchaser Indemnitees, and their representativesaffiliates, consultantssuccessors, trusteesassigns, owners, directors, officers, officialsmembers, employeesemployees and agents and any other additional insureds and waive any setoff or counterclaim or any other deduction whether by attachment or otherwise as applicable to such parties. (b) Except with respect to Professional Liability and Workers’ Compensation Insurance, include Purchaser, Lenders/Investors of ProjectCo and Purchaser and its Affiliates as requested by Purchaser from time to time, Landowners, Seller Indemnitees, successors, assigns and their directors, officers, members, employees and agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECT; instruments of service and completed operations of the ARCHITECT; premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECTinsureds. The coverage shall contain no special limitations on the scope of protection afforded With regards to the Additional Insureds. 2. For any claims related to this project, the ARCHITECT’S insurance commercial general liability such additional insured coverage shall be primary insurance as respects the Additional Insureds. Any insurance written on form ISO CG 2010 11 85, or CG 20 33 04 13 and CG 20 37 04 13, or CG 20 10 04 13 and CG 20 37 04 13, or other form(s) acceptable to Purchaser. (c) Provide that Seller’s insurance, including any deductibles and self-insured retentions, shall be primary, and any insurance, deductibles or self-insurance maintained by the Additional Insureds of Purchaser shall be in excess of the ARCHITECT'S insurance and shall not contribute with itnon-contributory. 3. Any failure to comply (d) Seller shall be responsible for the payment of all premiums, self-insured retentions, and deductible amounts with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided respect to the Additional InsuredsSeller Required Insurance under this Agreement. 4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made (e) Severability of Interests clause, or suit is broughta separation of insureds clause, whereby except with respect to the limits of coverage limits, the insurer's insurance coverage shall apply to each insured or additional insured as though a separate policy were issued to each. There shall be no exclusion or limitation for cross suits or cross liability. 5. Each (f) All insurance companies must maintain a minimum A.M. Best rating of A/ IX, or equivalent or better. (g) Prior to commencing Work, annually at each policy required by this clause renewal, and upon request of Purchaser from time to time, certificates of insurance and supporting additional insured, waiver of subrogation, and notice of cancellation endorsements, or policy excerpts granting such coverage, shall be endorsed provided to state that coverage Purchaser evidencing the coverages required herein. (h) Without the prior written approval of Purchaser, Seller shall not exceed $1 million deductible on any one program and shall consider current market availability. (i) Each of Purchaser and ProjectCo shall be suspendedincluded as additional insureds where its interests may appear. (j) Should policies allow, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days days’ notice to be given to Purchaser, ProjectCo and Lenders/Investors of ProjectCo and Purchaser and its Affiliates prior to any cancellation, non-renewal or reduction of limits of liability with respect to any policies and ten (10) days’ advance written notice for non-payment of premium and for reduction in coverage as a result of claim payments, expenses or both. If policies do not allow, Seller is required to provide notice to Purchaser and ProjectCo within ten (10) days of receiving a notice of cancellation. (k) The insurance coverage described in this Exhibit H shall not be deemed to limit the Seller’s liability under the Agreement. Purchaser makes no representations or warranties with respect to coverages or limits, including whether such coverage or limits will necessarily be adequate to protect Seller or ProjectCo. (l) If Seller fails to comply with its obligations as specified in this Exhibit H, Purchaser or any of its Affiliates or agents shall have the right, but not the obligation, to procure the required insurance coverage at Seller’s expense without in any way compromising or waiving any right or remedy at law or in equity, and Seller shall not be relieved of or excused from the obligation to obtain and maintain those insurance amounts and coverages. All such costs incurred shall be promptly reimbursed by certified mail, return receipt requested, has been given Xxxxxx and/or may be withheld from any payment due Seller. (m) Seller shall furnish Purchaser with accident report(s) covering material accidents occurring in connection with or as a result of the performance of the Work within five (5) Days after the occurrence of an accident (or earlier if otherwise required pursuant to the DISTRICTAgreement).

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 144.1.7.1. For the general liability and automobile liability policies: 44.1.7.1.1. The DISTRICT, the Construction ManagerDistrict, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects with respect to liability arising out of activities performed by or on behalf of the ARCHITECTContractor; instruments of service Service and completed operations of the ARCHITECTContractor; premises owned, occupied or used by the ARCHITECTContractor; or automobiles owned, leased, hired or borrowed by the ARCHITECTContractor. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 244.1.7.1.2. For any claims related to this projectthe projects, the ARCHITECT’S Contractor’s insurance coverage shall be primary insurance as respects with respect to the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Contractor’s insurance and shall not contribute with it. 344.1.7.1.3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 444.1.7.2. The ARCHITECT'S Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 544.1.7.3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either partyParty, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. 44.1.7.4. Contractor shall furnish the District with Certificates of Insurance showing maintenance of the required insurance coverage and original endorsements affecting coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the District before Work commences. Contractor must provide updates on the insurance coverage throughout the term of the Agreement to ensure that there is no break in coverage during the performance of the Work. Failure to provide evidence of current coverage shall be grounds for termination for breach of contract.

Other Insurance Provisions. The general liability Seller shall procure and automobile liability policies are to containcontinuously maintain, or cause to be endorsed to containprocured and continuously maintained, the following provisionsinsurance provisions for all coverages, other than otherwise specifically provided herein: 1. The DISTRICT(a) Provide that in the event of any loss payment under such policy, the Construction Managerinsurer(s) shall waive any rights of subrogation against Purchaser, Lenders/Investors of ProjectCo and Purchaser and its Affiliates, Landowners, Purchaser Indemnitees, and their representativesaffiliates, consultantssuccessors, trusteesassigns, owners, directors, officers, officialsmembers, employeesemployees and agents and any other additional insureds and waive any setoff or counterclaim or any other deduction whether by attachment or otherwise as applicable to such parties. (b) Except with respect to Professional Liability and Workers’ Compensation Insurance, include Purchaser, Lenders/Investors of ProjectCo and Purchaser and its Affiliates as requested by Purchaser from time to time, Landowners, Seller Indemnitees, successors, assigns and their directors, officers, members, employees and agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECT; instruments of service and completed operations of the ARCHITECT; premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECTinsureds. The coverage shall contain no special limitations on the scope of protection afforded With regards to the Additional Insureds. 2. For any claims related to this project, the ARCHITECT’S insurance commercial general liability such additional insured coverage shall be primary insurance as respects the Additional Insureds. Any insurance written on form ISO CG 2010 11 85, or CG 20 33 04 13 and CG 20 37 04 13, or CG 20 10 04 13 and CG 20 37 04 13, or other form(s) acceptable to Purchaser. (c) Provide that Seller’s insurance, including any deductibles and self-insured retentions, shall be primary, and any insurance, deductibles or self-insurance maintained by the Additional Insureds of Purchaser shall be in excess of the ARCHITECT'S insurance and shall not contribute with itnon-contributory. 3. Any failure to comply (d) Seller shall be responsible for the payment of all premiums, self-insured retentions, and deductible amounts with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided respect to the Additional InsuredsSeller Required Insurance under this Agreement. 4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made (e) Severability of Interests clause, or suit is broughta separation of insureds clause, whereby except with respect to the limits of coverage limits, the insurer's insurance coverage shall apply to each insured or additional insured as though a separate policy were issued to each. There shall be no exclusion or limitation for cross suits or cross liability. 5. Each (f) All insurance companies must maintain a minimum A.M. Best rating of A/ IX, or equivalent or better. (g) Prior to commencing Work, annually at each policy required by this clause renewal, and upon request of Purchaser from time to time, certificates of insurance and supporting additional insured, waiver of subrogation, and notice of cancellation endorsements, or policy excerpts granting such coverage, shall be endorsed provided to state that coverage Purchaser evidencing the coverages required herein. (h) Without the prior written approval of Purchaser, Seller shall not exceed $1 million deductible on any one program and shall consider current market availability. (i) Each of Purchaser and ProjectCo shall be suspendedincluded as additional insureds where its interests may appear. (j) Should policies allow, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days days’ notice to be given to Purchaser, ProjectCo and Lenders/Investors of ProjectCo and Purchaser and its Affiliates prior to any cancellation, non-renewal or reduction of limits of liability with respect to any policies and ten (10) days’ advance written notice for non-payment of premium and for reduction in coverage as a result of claim payments, expenses or both. If policies do not allow, Seller is required to provide notice to Purchaser and ProjectCo within ten (10) days of receiving a notice of cancellation. (k) The insurance coverage described in this Exhibit H shall not be deemed to limit the Seller’s liability under the Agreement. Purchaser makes no representations or warranties with respect to coverages or limits, including whether such coverage or limits will necessarily be adequate to protect Seller or ProjectCo. (l) If Seller fails to comply with its obligations as specified in this Exhibit H, Purchaser or any of its Affiliates or agents shall have the right, but not the obligation, to procure the required insurance coverage at Seller’s expense without in any way compromising or waiving any right or remedy at law or in equity, and Seller shall not be relieved of or excused from the obligation to obtain and maintain those insurance amounts and coverages. All such costs incurred shall be promptly reimbursed by certified mail, return receipt requested, has been given Seller and/or may be withheld from any payment due Seller. (m) Seller shall furnish Purchaser with accident report(s) covering material accidents occurring in connection with or as a result of the performance of the Work within five (5) Days after the occurrence of an accident (or earlier if otherwise required pursuant to the DISTRICTAgreement).

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTDistrict, the Construction Manager, their its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect; instruments Instruments of service Service and completed operations of the ARCHITECTArchitect; premises owned, occupied or used by the ARCHITECTArchitect; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. All endorsements shall waive any right to subrogation against any of the Additional Insureds. 2. For any claims related to this projectto, arising out of, or connected with the ARCHITECT’S Project, Architect’s general liability and automobile liability insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect’s insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions For the Architect’s general liability, automobile liability and workers’ compensation insurance, Architect shall provide an endorsement that the insurer waives the right of the policies including breaches of warranties shall not affect coverage provided to the Additional Insuredssubrogation against District and its respective elected officials, officers, employees, agents, representatives, consultants, trustees, and volunteers. 4. The ARCHITECT'S Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 6. No policy may exclude insurance coverage for contractual indemnity and/or defense obligations, and all policies shall contain an endorsement specifying coverage for contractual indemnity and/or defense. 7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either partycanceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. 8. Architect shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of Additional Insureds. If Architect fails to maintain insurance, District may take out comparable insurance, and deduct and retain amount of premium from any sums due Architect under the Agreement. 9. Architect shall require all subconsultants to maintain the level of insurance Architect deems appropriate with respect to the consultant’s scope of the Work unless otherwise indicated in the Agreement. Architect shall cause the subconsultants to furnish proof thereof to District within ten (10) days of District’s request. Should Architect not require subconsultants to provide the same level of insurance as is required of Architect, as provided in this Agreement, Architect is not relieved of its indemnity obligations to District or fulfilling its insurance requirements as provided in this Agreement. 10. If Architect normally carries insurance in an amount greater than the minimum amounts required herein, that greater amount shall become the minimum required amount of insurance for purposes of the Agreement. Therefore, Architect hereby acknowledges and agrees that all insurance carried by it shall be deemed liability coverage for all actions it performs in connection with the Agreement.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 13.1. The DISTRICTDistrict, the Construction Manager, their representatives, consultants, its trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect; instruments of service Service and completed operations of the ARCHITECTArchitect; premises owned, occupied or used by the ARCHITECTArchitect; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. Architect shall ensure that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage limits/requirements shall also be available to the Additional Insureds. 23.2. For any claims related to this projectthe projects, the ARCHITECT’S Architect’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect’s insurance and shall not contribute with it. 33.3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 43.4. The ARCHITECT'S Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 53.5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. At the option of the District, the Architect shall be the party required to provide the District this notice in lieu of the Architect’s insurance provider.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 140.1.7.1. For the general liability and automobile liability policies: 40.1.7.1.1. The DISTRICTDistrict, the Construction Manager, their its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTProvider; instruments of service Service and completed operations of the ARCHITECTProvider; premises owned, occupied or used by the ARCHITECTProvider; or automobiles owned, leased, hired or borrowed by the ARCHITECTProvider. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 240.1.7.1.2. For any claims related to this projectthe projects, the ARCHITECT’S Provider’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-self- insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Provider’s insurance and shall not contribute with it. 340.1.7.1.3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 440.1.7.2. The ARCHITECT'S Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 540.1.7.3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. 40.1.7.4. Provider shall furnish the District with Certificates of Insurance showing maintenance of the required insurance coverage and original endorsements affecting coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All

Other Insurance Provisions. General Liability Coverages The general liability and automobile liability policies are to containCLIENT, or be endorsed to contain, the following provisions: 1. The DISTRICT, the Construction Manager, their representatives, consultants, trustees, its officers, officials, employees, agents, employees and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects respects: liability arising out of activities performed by or on behalf of the ARCHITECTENGINEER including the insured’s general supervision of the ENGINEER; instruments of service products and completed operations of the ARCHITECTENGINEER; or premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECTENGINEER. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2CLIENT, its officers, officials, employees or volunteers. For any claims related to this project, the ARCHITECT’S The ENGINEER’s insurance coverage shall be primary insurance as respects the Additional InsuredsCLIENT, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Additional Insureds CLIENT, its officers, officials, employees or volunteers shall be in excess of the ARCHITECT'S ENGINEER’s insurance and shall not contribute with it. 3it in any way. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4CLIENT, its officers, officials, employees or volunteers. The ARCHITECT'S ENGINEER’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. Endorsements for General Liability, Auto, and Excess/Umbrella Liability listing all additional insureds are required. The endorsement for Excess/Umbrella Liability can be accomplished by the ENGINEER’S production of a letter from the insurance company stating that Excess/Umbrella Liability will “follow form. 5. Each ” The ENGINEER’S insurance policy required by this clause coverage shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after at least thirty (30) days prior written notice by certified mail, return receipt requested, for reasons other than non-payment of premium and at least ten (10) days for non-payment of premium mail has been given to the DISTRICTCLIENT. ACCEPTABILITY OF INSURERS Insurance is to be placed with an A.M. Best and Company rating level of A - Class VII or better, or otherwise approved by the CLIENT in its sole discretion. CLIENT reserves the right to require that ENGINEER’S insurer be a licensed and admitted insurer in the State of Nevada, or on the Insurance Commissioner’s approved but not admitted lists. VERIFICATION OF COVERAGE ENGINEER shall furnish the CLIENT with certificates of insurance, including but not limited to the Certificate of Compliance in NRS 616B.627 and with original endorsements affecting coverage required by this article. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf and must be countersigned by a duly appointed and licensed agent in this state. The certificates are to be on forms approved by the CLIENT. All certificate and endorsements are to be received and approved by the CLIENT before work commences. The CLIENT reserves the right to require complete, certified copies of all required insurance policies, at any time. ENGINEER can request that confidential information be redacted. SUBCONSULTANTS ENGINEERS shall require all subconsultants to be insured on their own or under its policies and shall furnish separate certificates and endorsement for each subconsultant. Coverages for subconsultants shall be subjected to all of the requirements stated herein. Miscellaneous Conditions If the ENGINEER or any Subconsultant fails to maintain any of the insurance coverages required, the CLIENT may terminate this Agreement for cause. ENGINEER shall be responsible for and remedy all damage or loss to any property, including property of CLIENT, caused in whole or in part by the ENGINEER, any subconsultant, or any employee, directed or supervised by ENGINEER, except damage of loss attributable to faulty drawings or specifications. Nothing herein contained shall be construed as limiting in any way to the extent to which the ENGINEER may be held responsible for payment for damages to persons or property resulting from her operations or the operations of any subconsultant under her. If ENGINEER’s failure to maintain the required insurance coverage results in a breach of this Agreement, CLIENT may purchase the required coverage, and without further notice to ENGINEER, deduct from sums due to ENGINEER any premium cost advanced by CLIENT for such insurance.

Other Insurance Provisions. ‌ 9.8.1 Acceptance of certificates of insurance by the DGS shall not limit LICENSEE’s liability under this SLA. 9.8.2 The general liability and automobile liability policies are to contain, or be endorsed to containDGS, the following provisions: 1. The DISTRICT, the Construction Manager, SPWB and HOST and their representatives, consultants, trustees, officers, officials, employees, agentsservants, agents and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of by LICENSEE’s insurance on all General Liability and Other policies covered by this SLA for all activities performed by or on behalf of within the ARCHITECT; instruments of service and completed operations of the ARCHITECT; premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECT. The coverage shall contain no special limitations on the scope of protection afforded to the Additional InsuredsLicensed Area. 2. 9.8.3 For any claims related to this projectSLA, the ARCHITECT’S LICENSEE’s insurance coverage shall be primary insurance as respects the Additional InsuredsState, its officers, officials and employees. Any insurance or self-insurance maintained by the Additional Insureds DGS or HOST, its officers, or officials shall be in excess of the ARCHITECT'S LICENSEE’s insurance and shall not contribute with to it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage 9.8.4 Coverage shall not be suspendedextended to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 9.8.5 In the event LICENSEE does not comply with these insurance requirements, voidedin addition to reserving the right to terminate this SLA, canceled the DGS may, at its option, provide insurance coverage to protect the DGS. LICENSEE shall pay the cost of the insurance and, if prompt payment is not received by either partythe insurance carrier from LICENSEE, reduced in coverage the DGS may pay for the insurance from the SPPA sums otherwise due LICENSEE. 9.8.6 If the DGS, the SPWB or in limits except after thirty (30) days prior written notice HOST is damaged by certified mailthe failure of LICENSEE to provide or maintain the required insurance, return receipt requestedLICENSEE shall pay the DGS, has been given the SPWB or HOST for all such damages. 9.8.7 LICENSEE’s obligations to the DISTRICTobtain and maintain all required insurance are non-delegable duties under this SLA.

Other Insurance Provisions. The general liability and automobile liability policies insurance coverages required by this Lease each are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICT(i) Landlord, the Construction ManagerUniversity of Delaware, their representatives, consultants, and the trustees, officers, officials, employees, agents, employees and volunteers (“Additional Insureds”) agents of both are to be covered as additional insureds as respects without liability arising out of activities performed by for premiums or on behalf the acts or omissions of the ARCHITECT; instruments of service and completed operations of the ARCHITECT; premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECTnamed insureds. The coverage shall contain no special limitations on the scope of protection afforded to Landlord, the Additional InsuredsUniversity of Delaware, and the trustees, employees and agents of both. 2. (ii) For any claims related to this projectLease, the ARCHITECT’S Tenant’s insurance coverage coverage(s) shall be primary insurance as respects Landlord, the Additional InsuredsUniversity of Delaware and the trustees, employees and agents of both. Any insurance or self-insurance maintained by Landlord, the Additional Insureds University of Delaware, and the trustees, employees and agents of both shall be in excess of the ARCHITECT'S Tenant’s insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. (iii) Each insurance policy required by this clause Lease shall be endorsed to state that the coverage shall not be suspended, voided, canceled or cancelled by either party, reduced in coverage or in limits party except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Landlord. (iv) If any of the DISTRICTaforementioned insurance policies are written on a claims-made basis, the Tenant warrants that a) the policy retroactive date will not be later than the Effective Date, and b) continuous coverage will be maintained or an extended discovery period will be exercised for a period of two years beginning from the time the term of this Lease has ended. (v) Neither Landlord’s failure to insist that any insurance documentation or evidence of payment be delivered, nor Landlord’s acceptance of any of the same shall relieve Tenant from any obligation under this Section of the Lease. (vi) Certificates of insurance evidencing all coverage required herein shall be provided to Landlord at the commencement of this Lease and at least annually thereafter. All required certificates of insurance shall eliminate the wording ‘endeavor to’ and ‘but failure to mail such notice shall impose no obligation of liability of any kind upon the company, its agents or representatives’ from the cancellation provision. Certificates of insurance provided by Tenant to Landlord shall serve as adequate evidence of compliance by Tenant with the provisions of Paragraph 13, and all of its subparagraphs. (vii) All property insurance policies required to be maintained hereunder shall include a waiver of subrogation in favor of Landlord and the University of Delaware. (viii) Any deductibles mandated by the insurance required to be maintained hereunder shall be fully assumed by Tenant.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 13.1. District reserves the right to modify the limits and coverages described herein, with appropriate credits or changes to be negotiated for those changes. 3.2. The DISTRICTcoverage scope and limits of insurance indicated herein shall be the greater of: 3.2.1. The minimum coverage and limits specified in this Agreement; or 3.2.2. The broader coverage and maximum limits of coverage, the Construction Managerif any, their of any existing insurance policy required of Architect to be kept pursuant to this Agreement. 3.3. District, its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect; instruments of service Service and completed operations of the ARCHITECTArchitect; premises owned, occupied or used by the ARCHITECTArchitect; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. Architect shall ensure that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage limits/requirements shall also be available to the Additional Insureds. 23.4. For any claims related to this projectthe projects, the ARCHITECT’S Architect’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect’s insurance and shall not contribute with it. 33.5. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 43.6. The ARCHITECT'S Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. 53.7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either partyParty, reduced in coverage or in limits except after thirty (30) days Days prior written notice by certified mail, return receipt requested, has been given to District. At the DISTRICToption of District, Architect shall be the party required to provide District this notice in lieu of Architect’s insurance provider.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 13.1. The DISTRICTDistrict reserves the right to modify the limits and coverages described herein, with appropriate credits or changes to be negotiated for those changes. 3.2. The coverage scope and limits of insurance indicated herein shall be the Construction Managergreater of: 3.2.1. The minimum coverage and limits specified in this Agreement; or 3.2.2. The broader coverage and maximum limits of coverage, their if any, of any existing insurance policy required of the Architect to be kept pursuant to this Agreement. 3.3. The District, its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect; instruments of service Service and completed operations of the ARCHITECTArchitect; premises owned, occupied or used by the ARCHITECTArchitect; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. Architect shall ensure that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage limits/requirements shall also be available to the Additional Insureds. 23.4. For any claims related to this projectthe projects, the ARCHITECT’S Architect’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect’s insurance and shall not contribute with it. 33.5. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 43.6. The ARCHITECT'S Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 53.7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. At the option of the District, the Architect shall be the party required to provide the District this notice in lieu of the Architect’s insurance provider.

Other Insurance Provisions. The general liability and automobile liability insurance policies required in this Agreement are to contain, or be endorsed to contain, as applicable, the following provisions: A. ALL POLICIES: ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-: VII. DISTRICT Risk Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of DISTRICT and the general public are adequately protected. MAINTENANCE OF INSURANCE COVERAGE: The CONSULTANT shall maintain all insurance coverages and limits in place at all times and provide the DISTRICT with evidence of each policy's renewal ten (10) days in advance of its anniversary date. CONSULTANT is required by this Agreement to immediately notify DISTRICT if they receive a communication from their insurance carrier or agent that any required insurance is to be canceled, non-renewed, reduced in scope or limits or otherwise materially changed. CONSULTANT shall provide evidence that such cancelled or non- renewed or otherwise materially changed insurance has been replaced or its cancellation notice withdrawn without any interruption in coverage, scope or limits. Failure to maintain required insurance in force shall be considered a material breach of the Agreement. B. COMMERCIAL GENERAL LIABILITY AND/OR COMMERCIAL AUTOMOBILE LIABILITY: 1. The ADDITIONAL INSURED STATUS: DISTRICT, the Construction Managerits officers, their representatives, consultants, trustees, officersdirectors, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered endorsed as additional insureds insured’s as respects respects: liability arising out of activities performed by or on behalf of the ARCHITECTCONSULTANT; instruments of service products and completed operations of the ARCHITECTCONSULTANT; premises owned, occupied or used by the ARCHITECTCONSULTANT; or automobiles owned, leased, hired or borrowed by the ARCHITECTCONSULTANT. The coverage shall contain no special endorsed limitations on the scope of protection afforded to the Additional InsuredsDISTRICT, its officers, directors, officials, employees, or volunteers. 2. For CIVIL CODE PROVISION: Coverage shall not extend to any claims related to this project, indemnity coverage for the ARCHITECT’S insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess active negligence of the ARCHITECT'S insurance and shall not contribute with it. 3. Any failure additional insured in any case where an agreement to comply with reporting or other provisions indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the policies including breaches of warranties shall not affect coverage provided to the Additional InsuredsCivil Code. 4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICT15.5.1 All policies except for the worker’s compensation, the Construction Manageremployer’s liability and professional liability insurance policy shall be written on an occurrence form. 15.5.2 District, their its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTPM; instruments Instruments of service Service and completed operations of the ARCHITECTPM; premises owned, occupied or used by the ARCHITECTPM; or automobiles owned, leased, hired or borrowed by the ARCHITECTPM. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For All endorsements shall waive any claims related right to this project, the ARCHITECT’S insurance coverage shall be primary insurance as respects subrogation against any of the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S insurance and shall not contribute with it. 3. 15.5.3 Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 415.5.4 PM shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of additional insureds. The ARCHITECT'S If PM fails to maintain insurance, District may take out comparable insurance, and deduct and retain amount of premium from any sums due PM under the Agreement. 15.5.5 PM’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. 5. 15.5.6 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspendedcanceled, voidednot renewed, canceled by either party, reduced or material change in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to District. 15.5.7 PM’s insurance coverage shall be primary and non- contributory insurance as respects the DISTRICTAdditional Insureds with respect to any claims related to, arising out of, or connected with the Project. Any insurance or self- insurance maintained by the Additional Insureds shall be in excess of PM’s insurance and shall not contribute with it. 15.5.8 PM shall provide an endorsement that the insurer waives the right of subrogation against District and its respective elected officials, officers, employees, agents, representatives, consultants, trustees, and volunteers. 15.5.9 PM shall require all subconsultants to maintain the level of insurance PM deems appropriate with respect to the consultant’s scope of the Work unless otherwise indicated in the Agreement. PM shall cause the subconsultants to furnish proof thereof to District within ten (10) Days of District’s request. Should PM not require subconsultants to provide the same level of insurance as is required of PM, as provided in this Agreement, PM is not relieved of its indemnity obligations to District or fulfilling its insurance requirements as provided in this Agreement. 15.5.10 If PM normally carries insurance in an amount greater than the minimum amounts required herein, that greater amount shall become the minimum required amount of insurance for purposes of the Agreement. Therefore, PM hereby acknowledges and agrees that all insurance carried by it shall be deemed liability coverage for all actions it performs in connection with the Agreement.

Other Insurance Provisions. The general liability General Liability and automobile liability Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTX. XXXXX and Member Agency, the Construction Managerits subsidiaries, their representatives, consultants, trustees, officers, officials, employees, agents, officials and volunteers (“Additional Insureds”) employees are to be covered as additional insureds as respects respects: liability arising out of activities performed per- formed by or on behalf of the ARCHITECT; instruments of service and completed operations of the ARCHITECTContractor; premises owned, occupied or used by the ARCHITECT; Contractor, or automobiles owned, leased, hired or borrowed by the ARCHITECTCon- tractor. The coverage shall contain no special limitations on the scope of protection protec- tion afforded to the Additional InsuredsSCRRA and Member Agency, its subsidiaries, officials and em- ployees. 2. B. For any claims related to this projectwork, the ARCHITECT’S Contractor's insurance coverage shall be primary insurance as respects the Additional InsuredsSCRRA and Member Agency, its subsidiaries, offi- cials and employees. Any insurance or self-insurance maintained by the Additional Insureds SCRRA and Member Agency, its subsidiaries, officials and employees shall be in excess of the ARCHITECT'S Contractor's insurance and shall not contribute with it. 3. C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional InsuredsSCRRA and Mem- ber Agency, its subsidiaries, officials and employees. 4. D. The ARCHITECT'S Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. E. Each insurance policy required by this clause shall be endorsed to state that coverage cov- erage shall not be suspended, voided, canceled by either party, reduced in coverage cov- erage or in limits except after thirty (30) days days' prior written notice by certified mail, return receipt requested, has been given to SCRRA and/or Member Agency. Course of Construction policies shall contain the DISTRICTfollowing provisions: X. XXXXX and Member Agency shall be named as loss payee. B. The insurer shall waive all rights subrogation against SCRRA and Member Agency.

Other Insurance Provisions. a. The general liability Commercial General Liability and automobile liability policies polices are to contain, or be endorsed to contain, the following provisions: 1. .) The DISTRICTCOUNTY, the Construction Manager, their representatives, consultants, trustees, its officers, officials, employees, agents, agents and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECT; instruments of service and completed operations of the ARCHITECT; premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECTinsureds. The coverage CONTRACTOR shall contain no special limitations on the scope of protection afforded not commence work under this Contract until he has had delivered to COUNTY the Additional InsuredsInsured Endorsements required herein. 2. .) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 3.) For any claims related to this project, the ARCHITECT’S CONTRACTOR’s insurance coverage shall be primary insurance as respects the Additional InsuredsCOUNTY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the Additional Insureds COUNTY, its officers, officials, employees, agents or volunteers shall be in excess of the ARCHITECT'S CONTRACTOR’s insurance and shall not contribute with it. 3. Any failure b. The following provisions shall apply to comply with reporting or other provisions all of the policies including breaches insurance coverages hereinabove: 1.) Any deductibles or self-insured retentions must be declared to and approved by COUNTY. At the option of warranties COUNTY, either: CONTRACTOR shall not affect coverage provided reduce or eliminate such deductibles or self- insurance retentions; or CONTRACTOR shall provide a financial guarantee satisfactory to the Additional InsuredsCOUNTY guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. The ARCHITECT'S insurance shall apply separately 2.) Insurance is to each insured against whom claim is made or suit is brought, except be placed with respect to the limits insurers with a current A.M. Best’s rating of the insurer's liabilityno less than A.VII. 5. Each insurance policy required by this clause shall be endorsed to state that 3.) Insurance coverage in the minimum amounts set forth herein shall not be suspendedconstrued to relieve the CONTRACTOR for liability in excess of such coverage, voided, canceled by either party, reduced nor shall it preclude COUNTY from taking other actions as is available to it under any other provision of the Agreement or law. Failure of COUNTY to enforce in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given a timely manner any of the provisions of this section shall not act as a waiver to the DISTRICTenforcement of any of these provisions at a later date.

Other Insurance Provisions. The general liability and automobile liability insurance policies required in this Agreement are to contain, or be endorsed to contain, as applicable, the following provisions: A. ALL POLICIES: ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-: VII. DISTRICT Risk Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of DISTRICT and the general public are adequately protected. MAINTENANCE OF INSURANCE COVERAGE: The CONSULTANT shall maintain all insurance coverages and limits in place at all times and provide the DISTRICT with evidence of each policy's renewal ten (10) days in advance of its anniversary date. CONSULTANT is required by this Agreement to immediately notify DISTRICT if they receive a communication from their insurance carrier or agent that any required insurance is to be canceled, non-renewed, reduced in scope or limits or otherwise materially changed. CONSULTANT shall provide evidence that such cancelled or non-renewed or otherwise materially changed insurance has been replaced or its cancellation notice withdrawn without any interruption in coverage, scope or limits. Failure to maintain required insurance in force shall be considered a material breach of the Agreement. B. COMMERCIAL GENERAL LIABILITY AND/OR COMMERCIAL AUTOMOBILE LIABILITY: 1. The ADDITIONAL INSURED STATUS: DISTRICT, the Construction Managerits officers, their representatives, consultants, trustees, officersdirectors, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered endorsed as additional insureds insured’s as respects respects: liability arising out of activities performed by or on behalf of the ARCHITECTCONSULTANT; instruments of service products and completed operations of the ARCHITECTCONSULTANT; premises owned, occupied or used by the ARCHITECTCONSULTANT; or automobiles owned, leased, hired or borrowed by the ARCHITECTCONSULTANT. The coverage shall contain no special endorsed limitations on the scope of protection afforded to the Additional InsuredsDISTRICT, its officers, directors, officials, employees, or volunteers. 2. For CIVIL CODE PROVISION: Coverage shall not extend to any claims related to this project, indemnity coverage for the ARCHITECT’S insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess active negligence of the ARCHITECT'S insurance and shall not contribute with it. 3. Any failure additional insured in any case where an agreement to comply with reporting or other provisions indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the policies including breaches of warranties shall not affect coverage provided to the Additional InsuredsCivil Code. 4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.

Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (a) The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICT: “ Successor Agency to the San Francisco Redevelopment Agency, the Construction ManagerTJPA and the City and County of San Francisco and their respective commissioners, their representatives, consultants, trusteesmembers, officers, officials, employees, agents, and volunteers employees” (collectively, “Additional Insureds”) are to shall be covered named as additional insureds as respects respects: liability arising out of activities performed by or on behalf of the ARCHITECTDeveloper; instruments of service products and completed operations of the ARCHITECT; Developer, premises owned, occupied or used by the ARCHITECTDeveloper; or and automobiles owned, leased, hired or borrowed by or on behalf of the ARCHITECTDeveloper in connection with the Project. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. (b) For any claims related to this projectProject, the ARCHITECT’S Developer’s insurance coverage shall must be primary insurance as respects to the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall must be in excess of the ARCHITECT'S Developer’s insurance and shall will not contribute with it. 3. (c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to OCII, the Additional InsuredsCity and County of San Francisco, the TJPA, and their respective commissioners, members, officers, agents or employees. 4(d) Each insurance policy required by this clause must be endorsed to state that coverage will not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after (30) thirty days prior written notice by certified mail, return receipt requested, has been given to OCII. (e) Developer hereby grants to OCII a waiver of any right to subrogation which any insurer of Developer may acquire against OCII by virtue of the payment of any loss under such insurance. The ARCHITECT'S Developer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not OCII has received a waiver of subrogation endorsement from the insurer. (f) Developer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 13.1. District reserves the right to modify the limits and coverages described herein, with appropriate credits or changes to be negotiated for those changes. 3.2. The DISTRICTcoverage scope and limits of insurance indicated herein shall be the greater of: 3.2.1. The minimum coverage and limits specified in this Agreement; or 3.2.2. The broader coverage and maximum limits of coverage, the Construction Managerif any, their of any existing insurance policy required of Architect to be kept pursuant to this Agreement. 3.3. District, its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect; instruments of service Service and completed operations of the ARCHITECTArchitect; premises owned, occupied or used by the ARCHITECTArchitect; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. Architect shall ensure that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage limits/requirements shall also be available to the Additional Insureds. 23.4. For any claims related to this projectthe projects, the ARCHITECT’S Architect’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance self‐insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect’s insurance and shall not contribute with it. 33.5. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 43.6. The ARCHITECT'S Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. 53.7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either partyParty, reduced in coverage or in limits except after thirty (30) days Days prior written notice by certified mail, return receipt requested, has been given to District. At the DISTRICToption of District, Architect shall be the party required to provide District this notice in lieu of Architect’s insurance provider.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTDistrict, the District’s Program Manager, Construction Manager, or both, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect; instruments of service Service and completed operations of the ARCHITECTArchitect; premises owned, occupied or used by the ARCHITECTArchitect; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.Insureds.‌ 2. For any claims related to this projectthe projects, the ARCHITECT’S Architect’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect’s insurance and shall not contribute with it.it.‌ 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.Insureds.‌ 4. The ARCHITECT'S Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.liability.‌ 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.District. Architect further agrees to notify District immediately of any change in status affecting Architect’s licensing and/or ability to perform duties described herein.‌‌‌

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1. ) The DISTRICT“Office of Community Investment and Infrastructure, successor to the Construction ManagerRedevelopment Agency of the City and County of San Francisco, their representativesand its commissioners, consultants, trusteesmembers, officers, officials, agents and employees, agents, and volunteers (“Additional Insureds”) ” are to be covered as additional insureds as respects respects: liability arising out of activities automobiles hired or borrowed by the Contractor; and liability arising out of work or operations performed by or on behalf of the ARCHITECT; instruments of service and completed operations of the ARCHITECT; premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECT. The coverage shall contain no special limitations on the scope of protection afforded Contractor (except with regard to the Additional Insuredsworker’s compensation professional liability). (2. ) For any claims related to this projectContract, the ARCHITECT’S Contractor’s insurance coverage shall must be primary insurance as respects the Additional Insuredsto OCII, and their respective commissioners, members, officers, agents, and employees. Any insurance or self-self- insurance maintained by the Additional Insureds OCII, and its commissioners, members, officers, agents or employees shall be in excess of the ARCHITECT'S Contractor’s insurance and shall not contribute with it. (3. ) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional InsuredsOCII, its commissioners, members, officers, agents or employees. (4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. ) Each insurance policy required by this clause shall must be endorsed to state that coverage shall will not be suspended, voided, or canceled by either party, reduced in coverage or in limits except after thirty (30) days days’ prior written notice by certified mail, return receipt requested, has been given to OCII. In case of reduction in coverage or in limits, Contractor shall provide OCII thirty (30) days’ prior written notice by certified mail. (5) Contractor hereby grants to OCII a waiver of any right to subrogation which any insurer of said Contractor may acquire against OCII by virtue of the DISTRICTpayment of any loss under such insurance (except with regard to professional liability). Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not OCII has received a waiver of subrogation endorsement from the insurer. (6) If any of the required policies provide coverage on a claims-made basis: a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five years after completion of contract work.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 13.1. The DISTRICTDistrict, the Construction Manager, their representatives, consultants, trustees, officers, officials, employees, agents, employees and volunteers agents (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTBridging Architect; instruments of service Service and completed operations of the ARCHITECTBridging Architect; premises owned, occupied or used by the ARCHITECTBridging Architect; or automobiles owned, leased, hired or borrowed by the ARCHITECTBridging Architect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 23.2. For any claims related to this projectthe Project, the ARCHITECT’S Bridging Architect’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Bridging Architect’s insurance and shall not contribute with it. 33.3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 43.4. The ARCHITECT'S Bridging Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 53.5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either partyParty, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.thirty

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTDistrict, the District’s Program Manager, Construction Manager, or both, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTEngineer; instruments of service Service and completed operations of the ARCHITECTEngineer; premises owned, occupied or used by the ARCHITECTEngineer; or automobiles owned, leased, hired or borrowed by the ARCHITECTEngineer. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.Insureds.‌ 2. For any claims related to this projectthe projects, the ARCHITECT’S Engineer’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Engineer’s insurance and shall not contribute with it.it.‌ 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.Insureds.‌ 4. The ARCHITECT'S Engineer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.liability.‌ 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.District. Engineer further agrees to notify District immediately of any change in status affecting Engineer’s licensing and/or ability to perform duties described herein.‌

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. 15.5.1 All policies except for the worker’s compensation, employer’s liability and professional liability insurance policy shall be written on an occurrence form. 15.5.2 The DISTRICTDistrict, the Construction Manager, their its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTPM/CM; instruments Instruments of service Service and completed operations of the ARCHITECTPM/CM; premises owned, occupied or used by the ARCHITECTPM/CM; or automobiles owned, leased, hired or borrowed by the ARCHITECTPM/CM. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For All endorsements shall waive any claims related right to this project, the ARCHITECT’S insurance coverage shall be primary insurance as respects subrogation against any of the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S insurance and shall not contribute with it. 3. 15.5.3 Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 415.5.4 PM/CM shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of additional insureds. If PM/CM fails to maintain insurance, District may take out comparable insurance, and deduct and retain amount of premium from any sums due Architect under the Agreement. 15.5.5 The ARCHITECT'S PM/CM’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. 5. 15.5.6 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspendedcanceled, voidednot renewed, canceled by either party, reduced or material change in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. 15.5.7 PM/CM’s insurance coverage shall be primary and non- contributory insurance as respects the Additional Insureds with respect to any claims related to, arising out of, or connected with the Project. Any insurance or self- insurance maintained by the Additional Insureds shall be in excess of the PM/CM’s insurance and shall not contribute with it. 15.5.8 Construction Manager shall provide an endorsement that the insurer waives the right of subrogation against the District and its respective elected officials, officers, employees, agents, representatives, consultants, trustees, and volunteers. 15.5.9 PM/CM shall require all subconsultants to maintain the level of insurance PM/XX xxxxx appropriate with respect to the consultant’s scope of the Work unless otherwise indicated in the Agreement. PM/CM shall cause the subconsultants to furnish proof thereof to District within ten (10) Days of District’s request. Should PM/CM not require subconsultants to provide the same level of insurance as is required of Architect, as provided in this Agreement, PM/CM is not relieved of its indemnity obligations to District or fulfilling its insurance requirements as provided in this Agreement. 15.5.10 If PM/CM normally carries insurance in an amount greater than the minimum amounts required herein, that greater amount shall become the minimum required amount of insurance for purposes of the Agreement. Therefore, PM/CM hereby acknowledges and agrees that all insurance carried by it shall be deemed liability coverage for all actions it performs in connection with the Agreement.

Other Insurance Provisions. The general liability General Liability and automobile liability Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICT: CITY, the Construction Manager, their representatives, consultants, trustees, its officers, officials, employees, agents, agents and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECT; instruments of service and completed operations of the ARCHITECT; premises owned, occupied or used by the ARCHITECT; or automobiles owned, leased, hired or borrowed by the ARCHITECTinsureds. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2CITY, its officers, officials, employees, agents and volunteers. For any claims related to this project, the ARCHITECTCONSULTANT’S insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds and no contribution shall be in excess required of CITY. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: The retroactive date must be shown, and must be before the effective date of the ARCHITECT'S Agreement or the commencement of work by CONSULTANT. Insurance must be maintained and evidence of insurance and shall not contribute with it. 3. Any failure to comply with reporting must be provided for at least 5 years after any expiration or other provisions termination of the policies including breaches of warranties shall not affect coverage provided to Agreement or, in the Additional Insureds. 4. The ARCHITECT'S insurance shall apply separately to each insured against whom claim is made or suit is broughtalternative, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state provide not less than a 5-year discovery period. If coverage is canceled or non-renewed, and not replaced with another claims‑made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase extended reporting coverage for a minimum of 5 years following the expiration or termination of the Agreement. A copy of the claims reporting requirements must be submitted to CITY for review. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be suspendedcancelled, voided, canceled by either partynon-renewed, reduced in coverage or in limits except after thirty (30) days prior 30 calendar day written notice by certified mail, return receipt requested, has been given to CITY. Upon issuance by the DISTRICTinsurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 135.1.5.1. For the general liability and automobile liability policies: 35.1.5.1.1. The DISTRICTDistrict, the Construction Manager, their its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTContractor; instruments of service Service and completed operations of the ARCHITECTContractor; premises owned, occupied or used by the ARCHITECTContractor; or automobiles owned, leased, hired or borrowed by the ARCHITECTContractor. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 235.1.5.1.2. For any claims related to this projectthe projects, the ARCHITECT’S Contractor’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Contractor’s insurance and shall not contribute with it. 335.1.5.1.3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 435.1.5.2. The ARCHITECT'S Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 535.1.5.3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. 35.1.5.4. Contractor shall furnish the District with Certificates of Insurance showing maintenance of the required insurance coverage and original endorsements affecting coverage. The

Other Insurance Provisions. 20.6.1. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 120.6.1.1. The DISTRICTBCOE, the Construction Manager, their its representatives, consultantscontractors, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds Additional Insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTContractor; instruments of service and completed operations of the ARCHITECTContractor; premises owned, occupied or used by the ARCHITECTContractor; or automobiles owned, leased, hired or borrowed by the ARCHITECTthe 20.6.1.2. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For any claims related to this project, the ARCHITECT’S Contractor’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Contractor’s insurance and shall not contribute with it. 320.6.1.3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 420.6.2. The ARCHITECT'S Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 520.6.3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTBCOE. 20.6.4. Contractor shall furnish the BCOE with certificates of insurance showing maintenance of the required insurance coverage and original endorsements affecting general liability and automobile liability coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the BCOE before Services commence.

Other Insurance Provisions. The general liability General Liability and automobile liability Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTA. SCRRA and Member Agency, the Construction Managerits subsidiaries, their representatives, consultants, trustees, officers, officials, employees, agents, officials and volunteers (“Additional Insureds”) employees are to be covered as additional insureds as respects respects: liability arising out of activities performed per- formed by or on behalf of the ARCHITECT; instruments of service and completed operations of the ARCHITECTContractor; premises owned, occupied or used by the ARCHITECT; Contractor, or automobiles owned, leased, hired or borrowed by the ARCHITECTCon- tractor. The coverage shall contain no special limitations on the scope of protection protec- tion afforded to the Additional InsuredsSCRRA and Member Agency, its subsidiaries, officials and em- ployees. 2. B. For any claims related to this projectwork, the ARCHITECT’S Contractor's insurance coverage shall be primary insurance as respects the Additional InsuredsSCRRA and Member Agency, its subsidiaries, offi- cials and employees. Any insurance or self-insurance maintained by the Additional Insureds SCRRA and Member Agency, its subsidiaries, officials and employees shall be in excess of the ARCHITECT'S Contractor's insurance and shall not contribute with it. 3. C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional InsuredsSCRRA and Member Agency, its subsidiaries, officials and employees. 4. D. The ARCHITECT'S Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. E. Each insurance policy required by this clause shall be endorsed to state that coverage cov- erage shall not be suspended, voided, canceled by either party, reduced in coverage cov- erage or in limits except after thirty (30) days days' prior written notice by certified mail, return receipt requested, has been given to SCRRA and/or Member Agency. Course of Construction policies shall contain the DISTRICTfollowing provisions: A. SCRRA and Member Agency shall be named as loss payee. B. The insurer shall waive all rights subrogation against SCRRA and Member Agency.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTDistrict, the Construction ManagerBoard members, their representatives, consultants, trustees, its officers, officials, employees, agents, agents and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects respects: liability arising out of activities performed by or on behalf of the ARCHITECTFranchisee; instruments of service products and completed operations of the ARCHITECTFranchisee; premises owned, occupied or used by the ARCHITECTFranchisee; or automobiles owned, leased, hired or borrowed by the ARCHITECTFranchisee. The coverage shall contain no special limitations on the scope of protection afforded to the Additional InsuredsDistrict, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the ARCHITECT’S Franchisee’s insurance coverage shall be primary insurance as respects the Additional InsuredsDistrict, Board members, its officers, officials, employees, agents and volunteers. Any insurance or self-self- insurance maintained by the Additional Insureds District, its officers, officials, employees, agents or volunteers shall be in excess of the ARCHITECT'S Franchisee’s insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional InsuredsDistrict, Board members, its officers, officials, employees, agents or volunteers. 4. The ARCHITECT'S Franchisee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, brought except with respect to the limits of the insurer's ’s liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requestedrequired, has been given to the DISTRICTDistrict. 6. Pollution, if on a Claims Made form: a. The Retro Date must be shown, and must be before the date of the contract or the beginning contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. c. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a Retro Date prior to the contract effective date, the Franchisee must purchase extended reporting coverage for a minimum of two years after completion of contract. d. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTDistrict, the District’s Program Manager, Construction Manager, or both, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect; instruments of service Service and completed operations of the ARCHITECTArchitect; premises owned, occupied or used by the ARCHITECTArchitect; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.Insureds.‌ 2. For any claims related to this projectthe projects, the ARCHITECT’S Architect’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect’s insurance and shall not contribute with it.it.‌ 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.Insureds.‌ 4. The ARCHITECT'S Architect’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.liability.‌ 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.District. Architect further agrees to notify District immediately of any change in status affecting Architect’s licensing and/or ability to perform duties described herein.‌

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. 15.5.1 All policies except for the worker’s compensation, employer’s liability and professional liability insurance policy shall be written on an occurrence form. 15.5.2 The DISTRICTDistrict, the Construction Manager, their its representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTCM; instruments Instruments of service Service and completed operations of the ARCHITECTCM; premises owned, occupied or used by the ARCHITECTCM; or automobiles owned, leased, hired or borrowed by the ARCHITECTCM. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For All endorsements shall waive any claims related right to this project, the ARCHITECT’S insurance coverage shall be primary insurance as respects subrogation against any of the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S insurance and shall not contribute with it. 3. 15.5.3 Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 415.5.4 CM shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of additional insureds. If CM fails to maintain insurance, District may take out comparable insurance, and deduct and retain amount of premium from any sums due CM under the Agreement. 15.5.5 The ARCHITECT'S CM’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ’s liability. 5. 15.5.6 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspendedcanceled, voidednot renewed, canceled by either party, reduced or material change in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict. 15.5.7 CM’s insurance coverage shall be primary and non- contributory insurance as respects the Additional Insureds with respect to any claims related to, arising out of, or connected with the Project. Any insurance or self- insurance maintained by the Additional Insureds shall be in excess of the CM’s insurance and shall not contribute with it. 15.5.8 CM shall provide an endorsement that the insurer waives the right of subrogation against the District and its respective elected officials, officers, employees, agents, representatives, consultants, trustees, and volunteers. 15.5.9 CM shall require all subconsultants to maintain the level of insurance XX xxxxx appropriate with respect to the consultant’s scope of the Work unless otherwise indicated in the Agreement. CM shall cause the subconsultants to furnish proof thereof to District within ten (10) days of District’s request. Should CM not require subconsultants to provide the same level of insurance as is required of CM, as provided in this Agreement, CM is not relieved of its indemnity obligations to District or fulfilling its insurance requirements as provided in this Agreement. 15.5.10 If CM normally carries insurance in an amount greater than the minimum amounts required herein, that greater amount shall become the minimum required amount of insurance for purposes of the Agreement. Therefore, CM hereby acknowledges and agrees that all insurance carried by it shall be deemed liability coverage for all actions it performs in connection with the Agreement.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTWATERMASTER, the Construction Manager, their representatives, consultants, trustees, its officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects respects: liability arising out of activities performed by or on behalf of the ARCHITECTPROFESSIONAL; instruments of service products and completed operations of the ARCHITECTPROFESSIONAL; premises owned, occupied or used by the ARCHITECTPROFESSIONAL; or or, automobiles owned, leased, hired or borrowed by the ARCHITECTPROFESSIONAL. The coverage shall contain no special limitations on the scope of protection afforded to the Additional InsuredsWATERMASTER, its officers, officials and employees. 2. For any claims related to this project, the ARCHITECT’S PROFESSIONAL's insurance coverage shall be primary insurance as respects the Additional InsuredsWATERMASTER, its officers, officials, employees, and volunteers. Any insurance or self-self- insurance maintained by the Additional Insureds WATERMASTER, its officers, officials, employees, or volunteers shall be in excess of the ARCHITECT'S PROFESSIONAL's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional InsuredsWATERMASTER, its officers, officials and employees. 4. The ARCHITECT'S PROFESSIONAL's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days days' prior written notice by certified mail, return receipt requested, has been given to WATERMASTER. 6. Coverage shall not extend to any indemnity coverage for the DISTRICT.active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The DISTRICTDistrict, the Construction Manager, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the ARCHITECTArchitect/Engineer; instruments of service and completed operations of the ARCHITECTArchitect/Engineer; premises owned, occupied or used by the ARCHITECTArchitect/Engineer; or automobiles owned, leased, hired or borrowed by the ARCHITECTArchitect/Engineer. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2. For any claims related to this project, the ARCHITECT’S Architect/Engineer’s insurance coverage shall be primary insurance as respects to the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the ARCHITECT'S Architect/Engineer’s insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4. The ARCHITECT'S Architect/Engineer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICTDistrict.