07-25-19 - BOARD BOOK

title and interest to all Instruments of Service including all conceptual designs, drawings, specifications, electronic data and information and documents generated by the Decorator for this Project. 19. Decorator shall secure and keep in full force and effect and shall require any of its sub- consultants to secure and keep in full force and effect all insurance required under this Agreement, until the Decorator and/or its sub-consultants have completed their Services, except as provided below, the following insurance coverage at Decorator’s sole cost and expense. Such insurance shall be primary, notwithstanding any other insurance that might be in effect for Client:  Commercial general liability coverage including contractual liability, products and completed operations liability, broad form property damage, personal and advertising injury liability, all written on an occurrence form with combined bodily injury and property damage limits of liability no less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) per project general aggregate, Two Million Dollars ($2,000,000.00) personal and advertising injury and Two Million Dollars ($2,000,000.00) products and completed operations liability with an aggregate limit per project. The limits of liability can be provided in a combination of a commercial general liability policy and an umbrella liability policy.  Worker’s compensation insurance providing statutory benefits for Decorator’s employees and employer's liability coverage in an amount that is no less than Five Hundred Thousand Dollars ($500,000.00),  Automobile liability coverage, including non-owned and hired car liability insurance for combined limits of liability of Two Million Dollars ($2,000,000.00) per occurrence.  Professional liability insurance (errors and omissions), including contractual liability (to specifically include coverage for the indemnification in Clause 26 relating to bodily injury, death or property damage), in an amount no less than Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate annually. Decorator shall continue to provide the required coverage for no less than Four (4) years after completion of Services under this Agreement.  Decorator will not begin any Services at the Project until it has obtained all insurance required. The Certificate of Insurance for the Decorator is labeled and attached to this Agreement as Exhibit “2”. The Owner shall be named as an additional insured by a separate written endorsement to the policy with respect to its Commercial General Liability Insurance to be delivered to the Owner prior to commencement of the Services. All required insurance policies shall be maintained with insurance companies licensed or permitted within the state in which the Work is being performed. Said policies shall contain a provision that coverage will not be canceled or non-renewed until at least Thirty (30) days prior written notice has been provided to Client. Decorator warrants and represents that all Services provided under this Agreement are within the scope of the insurance maintained by Decorator and is not subject to any exclusion by the insurance carrier for the Decorator Consultant that is issuing insurance coverage as required by this Agreement including but not limited to professional liability insurance. Prior to commencing Services under this Agreement, Decorator will deliver to Client a written endorsement to confirm the insurance to be maintained under this Agreement and that Client is a named additional insured. 20. Decorator shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project’s premises, including but not limited to pollutants, asbestos, asbestos products, polychlorinated biphenyl (PCB), mold or other toxic substances Except to the extent that such hazardous materials are handled by the Decorator it shall be performed in the exercise of reasonable due care.

21. Neither party shall be deemed in default of this Agreement, nor shall it hold the other Party

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