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§ 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing <br />construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract <br />Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. <br />§ 14.2.3 Prompt Payment Act subdivision 4a shall apply to payments by Contractor to Subcontractors. <br />§ 14.3Insurance and Bonds <br />§ 14.3.1 Preconstruction Phase <br />The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services <br />performed under this Agreement. If any of the requirements set forth below exceed the types and limits the Construction <br />Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cast. <br />§ 14.3.1.1 Commercial General Liability on subcontracts of $1,000,000.00 or less with policy limits of not less than <br />$2,000,000for each occurrence and $2,000,000.00 on products/completed operations aggregate, and $2,000,000.00 <br />general aggregate (per project). Commercial General Liability on subcontracts over $1,000,000.00 with policy limits of <br />not less than $5,000,000.00 for each occurrence, $5,000,000.00 for products /competed operations aggregate, and <br />$5,000,000.00 general aggregate (per project). <br />§ 14.3.1.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager <br />with policy limits of not less than $ 1,000,000.00 ) per accident for bodily injury, death of any person, and property <br />damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily <br />required automobile coverage. <br />§ 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability <br />and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that <br />such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages <br />required under Sections 14.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide <br />narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits <br />only through the actual payment by the underlying insurers. <br />§ 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than <br />$1,000,000M ) each accident, $1 0,000.00 each employee, and$1,000,000.00 policy limit. <br />§ 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional <br />services, with policy limits of not less than $1,000,000.00 ) per claim and $1,000,000.00 in the aggregate. <br />§ 14.3.1.6 Other Insurance <br />(List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) <br />Coverage Limits <br />§ 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause <br />the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the <br />Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or <br />omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance <br />policies and shall apply to both ongoing and completed operations. <br />§ 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with <br />the requirements in this Section 14.3.1. <br />§ 14.3.2 Construction Phase <br />After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall <br />purchase and maintain insurance as set forth in AIA Document Al33Tm--2019, Standard Form of Agreement Between <br />Owner and Construction Manager where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed <br />Maximum Price, Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents. <br />AIA Do—ent A133' - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The <br />"AmF+rt ca, it stn at' of 1ich to ts,' `AIA,' the AIA Logo, and `AIA Contract Do<;ument are registered tr dema ks and may not b ased �� <br />wnhouc �� im Ls,ion. This draft was produced by AIA software at 13:58:42 ET on 06/29/2020 under Order No.2067434383 which expires on <br />04/02/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms <br />of Service. To report copyright violations, e-mail copyright@aia.org. <br />User Notes: (1834312825) <br />