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<br />Liability coverage shall be included with a limit of liability of not <br />less than $1,000,000. A Waiver of Subrogation in favor of Owner shall <br />be obtained from Engineer's Workers' Compensation and Employers' <br />Liability insurer. <br /> <br />2. The legal liability of Engineer to pay claims because of damage to <br />property and for injuries to or death of any person or persons for <br />occurrences arising out of Engineer's work performed under this Con- <br />tract, including automobile exposure, exclusive of professional services <br />covered under sub-paragraph A (4) below. Said insurance to be written <br />with limits of not less than $1,000,000 for any occurrence involving <br />bodily injury, death, and/or property damage. <br /> <br />3. The contractual liability assumed by Engineer under ARTICLE XIV of <br />this Contract. Said insurance to be written with limits of not less <br />than those specified in sub-paragraph 1 and 2 above. <br /> <br />4. The legal liability for damages arising out of the performance of pro- <br />fessional services caused by an error, omission or negligent act of <br />Engineer, any person employed by or contracted for by Engineer or any <br />other person for whose acts Engineer is legally liable. Said insurance <br />to be written in limits of not less than $2,000,000 with a deductible ' <br />clause not to exceed $10,000. <br /> <br />Engineer agrees to maintain the professional liability coverage for <br />the duration of this Contract and for a period of not less than two <br />years following the date of either (i) final payment, or (il) the <br />delivery of the last. of the lien waivers to be provided pursuant to <br />ARTICLE XVIII of this Contract, whichever shall last occur. <br /> <br />B. Owner shall be included as an additional insured, with a cross liability <br />clause, under the insurance policies required of Engineer under subparagraph <br />A (2) above. All insurance provided by Engineer shall be primary and any <br />insurance maintained by Owner shall be excess and not contributing with <br />Engineer's insurance. Engineer will arrange with its insurance company to <br />endorse its insurance policies accordingly. <br /> <br />C. All policies shall be written so that Owner will be notified of cancellation <br />or of any restrictive amendment of. the policies at least thirty (30) days <br />prior to the effective date of such cancellation or amendment. Notice shall <br />be by certified mail/return receipt requested, addressed to Owner at the <br />address stipulated in Article X. <br /> <br />O. Certificates of Insurance or evidence of subscription to any State Fund shall <br />be filed in duplicate with Owner immediately upon execution of the Agreement. <br />Such certificaHon shall indicate compliance with subparagraphs 1 through 4 <br />of Paragraph A above. The certificate must specifically refer to the Waiver <br />of Subrogation and All States Endorsement required under A (1) above; in- <br />clusion of Owner as an additional insured under A (2) above; and liability <br />assumed under ARTICLE XIV. <br /> <br />E. Engineer shall not violate, or permit to be violated, any conditions of any <br />of said policies, and shall at all times satisfy the requirements of the <br />insurance companies writing said policies. <br /> <br />- 7 - <br />