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W <br /> WASTE MANAGEMENT <br /> 11.2.3 The issuer of any policy must have a certificate of authority to transact insurance business in the <br /> State of the place of the project. Each insurer must be responsible and reputable and must have <br /> financial capability consistent with the risks covered. Each insurer shall be subject to approval <br /> by Owner in Owner's sole discretion as to conformance with these requirements, pursuant to <br /> Article 11.2.2 above. <br /> 11.2.4 Each policy, except those for Workers' Compensation and Professional Liability, must name <br /> Owner, its parent and their officers, agents, and employees as additional insured parties on the <br /> original policy and all renewals or replacements during the term of this Agreement. Owner's <br /> status as an additional insured under the Contractor's insurance does not extend to instances of <br /> sole negligence of Owner unmixed with any fault of the Contractor. <br /> 11.2.5 Contractor shall assume and bear any claims or losses to the extent of any deductible amounts <br /> and waives any claim it may ever have for the same against Owner, its officers, agents, or <br /> employees. <br /> 11.2.6 Each policy shall be endorsed to provide thirty (30) Days' advance written notice to Owner of <br /> cancellation or non-renewal by the Insurer. <br /> 11.2.7 Each policy must contain an endorsement to the effect that the issuer waives any claim or right <br /> in the nature of subrogation to recover against Owner, its officers, agents, or employees. <br /> 11.2.8 Each policy must contain an endorsement that such policy is primary insurance to any other <br /> insurance available to the Additional Insured with respect to Claims arising hereunder. <br /> 11.2.9 Contractor shall be solely responsible for payment of all insurance premium requirements <br /> hereunder and Owner shall not be obligated to pay any premiums. <br /> 11.3 Proof of Insurance <br /> 11.3.1 Prior to commencing any services and at any time during the term of Work under this Agreement, <br /> Contractor shall furnish Owner's Authorized Representative with certificates of insurance, along <br /> with an affidavit from Contractor confirming that the certificate accurately reflects the insurance <br /> coverage that will be available during the term of the Agreement. If requested in writing by the <br /> Owner's Authorized Representative, the Contractor shall furnish the Owner's Authorized <br /> Representative with certified copies of Contractor's actual insurance policies. Failure of <br /> Contractor to provide certified copies, as requested, may be deemed in Owner's discretion, to <br /> constitute a breach of this Agreement. <br /> 11.3.2 Notwithstanding the proof of insurance requirements set forth above, it is the intention of the <br /> Parties hereto that Contractor, continuously and without interruption, maintain in force the <br /> required insurance coverages set forth above. Failure of Contractor to comply with this <br /> requirement shall constitute a default by Contractor allowing Owner, at its option, to immediately <br /> suspend or terminate Work under this Agreement. Contractor agrees that Owner shall never be <br /> argued to have waived or be estopped to assert its right to terminate this Agreement hereunder <br /> because of failure by Owner to adequately review insurance documents provided by Contractor, <br /> its agents, employees, or assigns. <br /> 11.4 Performance and Payment Bonds. Contractor shall provide Performance and Payments Bonds <br /> acceptable to Owner and as required by the Agreement. Bonds may be obtained from the Contractor's <br /> usual source and the cost thereof shall be included in the Contract Price. Owner shall be named as the <br /> Obligee. The penal sum of each Bond shall be equal to the Contract Price, unless otherwise specified. <br /> 11.5 Maintenance Bonds. If so required by the Agreement, Contractor shall provide a one (1) year <br /> maintenance Bond, providing for the Contractor's correction, replacement, or restoration of any portion of <br /> the Work which is found to be not in compliance with requirements of Contract Documents during any <br /> applicable warranty periods. The penal sum of any maintenance Bond shall be ten percent (10%)of the <br /> Contract Price unless otherwise specified. <br /> 11.6 Surety. <br /> 35 Jun-17 <br /> Ver.2.0 <br />