New Search
Agency/State <br /> No.25338 <br /> and its divisions, officers and employees as Additional Insured but only <br /> with respect to the Contractor's activities 'to be perFormed under this <br /> Contract. Coverage shall be primary .:and non-contributory with any other <br /> insurance and self-insurance.. <br /> 8. Notice of Cancellation or Change. There shall be no cancellation, .material <br /> change, potential exhaustion of aggregate limits or non-renewal of insurance <br /> coverages) without. thirty (30) days written notice from the Contractor or .its <br /> insurer(s) to State and Agency. Any failure to comply with the reporting <br /> provisions of this clause shall constitute a material breach of Contract and <br /> shall be grounds for immediate termination of this Contract. <br /> 9. Agency shall, to the extent permitted by the Oregon. Constitution and the <br /> Oregon Tork Claims Act, indemnify, defend, save, and hold harmless the <br /> State of Oregon, Oregon Transportation Commission and its members, <br /> . Department of Transportation, its officers and employees from any and all <br /> claims, suits, and liabilities which may occur in the perFormance of this <br /> Project. <br /> <br /> 10. Notwithstanding the foregoing defense obligations under the paragraph <br /> above, neither Agency nor any attorney engaged by Agency shall defend any <br /> claim in the name of the State of Oregon or any agency of the State of <br /> Oregon, nor purport to act as legal representative of the State of Oregon or <br /> any of its agencies, without the prior written consent of the Oregon Attorney <br /> General. The State of Oregon may, at anytime at its election assume its awn <br /> defense and settlement in the event that it determines that. Agency is <br /> prohibited from defending the State of Oregon, or that Agency is not <br /> adequately defending the State of Oregon's interests, or that an important <br /> governmental principle is at issue or that it is in the best .interests of the State <br /> of Oregon to do so. The State of Oregon reserves all rights to pursue any <br /> .claims it may have against Agency if the State of Oregon elects to assume its <br /> own defense. <br /> 11. Agency shall be responsible for all costs not covered by State funding. State <br /> funding is limited to $359,100.00. <br /> 12. Agency shall be responsible for all costs and expenses related to its <br /> employment of individuals to perform the work under this Agreement, including <br /> but not limited. to, retirement system contributions, workers compensation, <br /> unemployment taxes, and state and. federal withholdings. <br /> 4 <br /> <br />