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ATTACHMENT Bid/Contract Documents (Plans, timelines, cost breakdowns and specifications included in bid packages to become part ofthe Agreement) by law, include coverage for punitive damages, fines and penalties. For any "claims made" policy, if the Contractor does not continue to maintain this policy for one year after the termination of the Agreement, the Contractor shall purchase a "tail" for the Pollution Legal Liability policy to fully cover the period of one year following the termination of the Agreement. (g) Each of Contractor's insurance policies shall be written so as to provide primary coverage, and no policy maintained by Owner shall be required to contribute to any loss covered by Contractor's policy(s). 11.2 General Requirements. The following general requirements shall apply to all insurance policies required to be obtained by Contractor hereunder at its expense: (a) Contractor shall maintain the foregoing insurance coverage in force at all times during the performance of any Work under this Agreement. In addition, the Contractor will maintain its General Liability and Umbrella Liability Insurance (for Products and Completed Operations coverage) and the Professional Liability (Errors and Omissions) Insurance policies in force for at least two (2) years following completion of the Work and final payment hereunder. (b) Contractor shall furnish Owner with certificates of insurance (covering both Owner and any Subcontractor) with respect to the coverage required hereunder prior to the commencement of any Work and as policies are renewed, replaced, or modified. (c) All policies shall be written by insurance companies that are (a) lawfully authorized to do business in the jurisdiction(s) where work is being performed or Services are provided and (b) carry an A.M. Best rating of "A" or better and financial category of "X" or higher. Should the Professional (Errors and Omissions) and Pollution Legal Liability (or Contractor's Pollution Liability) Insurance be written on a surplus lines and non-admitted basis, Owner reserves the right to approve the insurance company. (d) Each policy shall include a provision requiring that at least 30 days prior written notice be given to Owner in the event of cancellation, non-renewal, lowering of policy limits or exhaustion of aggregates. Contractor shall provide Owner with 30 days prior written notice of any material change in any policy. Each policy, except for Workers' Compensation, to the extent permitted by applicable law, shall name Owner as an "additional insured," and shall include a waiver of subrogation in favor of Owner. (e) The insurance requirements set forth in this Article XI shall in no way limit the liability of Contractor or its Subcontractors arising under the Agreement or any other agreement or as a result of any related activities. 128770 Form 4400158 5/04 GC