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<br />Public Standard Form – MN Page 4 of 8 v202504 <br /> <br /> <br />4. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor <br />of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this <br />Agreement are being performed solely for the CLIENT'S benefit, and no other entity shall have any claim <br />against the CONSULTANT because of this Agreement or the performance or nonperformance of services <br />provided hereunder. <br /> <br />D. INSURANCE <br /> <br />1. The CONSULTANT agrees to maintain, at CONSULTANT’S expense a commercial general liability (CGL) and <br />excess or umbrella general liability insurance policy or policies insuring CONSULTANT against claims for <br />bodily injury, death or property damage arising out of CONSULTANT’S general business activities. The <br />general liability coverage shall provide limits of not less than $2,000,000 per occurrence and not less than <br />$2,000,000 general aggregate. Coverage shall include Premises and Operations Bodily Injury and Property <br />Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products and Completed Operations <br />Liability. <br /> <br />2. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, a single limit or combined limit <br />automobile liability insurance and excess or umbrella liability policy or policies insuring owned, non-owned <br />and hired vehicles used by CONSULTANT under this Agreement. The automobile liability coverages shall <br />provide limits of not less than $1,000,000 per accident for property damage, $2,000,000 for bodily injuries, <br />death and damages to any one person and $2,000,000 for total bodily injury, death and damage claims <br />arising from one accident. <br /> <br />3. CLIENT shall be named Additional Insured for the above CGL and Auto liability policies, to the extent <br />permitted by CONSULTANT’S insurers. <br /> <br />4. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation <br />coverage together with Coverage B, Employer’s Liability limits of not less than $500,000 for Bodily Injury by <br />Disease per employee, $500,000.00 for Bodily Injury by Disease aggregate and $500,000 for Bodily Injury by <br />Accident. <br /> <br />5. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, Professional Liability Insurance <br />coverage insuring CONSULTANT against damages for legal liability arising from a negligent act, error or <br />omission in the performance of professional services required by this Agreement during the period of <br />CONSULTANT’S services and for three years following date of final completion of its services. The <br />professional liability insurance coverage shall provide limits of not less than $2,000,000 per claim and an <br />annual aggregate of not less than $2,000,000 on a claims-made basis. <br /> <br />6. CLIENT shall maintain statutory Workers Compensation insurance coverage on all of CLIENT’S employees <br />and other liability insurance coverage for injury and property damage to third parties due to the CLIENT’S <br />negligence. <br /> <br />7. Prior to commencement of this Agreement, CONSULTANT will provide the CLIENT with certificates of <br />insurance, showing evidence of required coverages. All policies of insurance shall contain a provision or <br />endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement for any <br />reason except non-payment of premium, until at least 30 days prior written notice has been given to the <br />Certificate Holder, and at least 10 days prior written notice in the case of non-payment of premium. <br /> <br />E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST. Where provided by the CONSULTANT as part of Exhibit <br />A or otherwise, opinions or estimates of construction cost will generally be based upon public construction <br />cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive <br />bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates