Common use of Insurance Coverage Clause in Contracts

Insurance Coverage. The Architect/Engineer shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this Agreement. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit B. Automobile Liability Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement. D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & Omissions) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf of Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (2) years after the expiration of cancellation of this Agreement. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.

Insurance Coverage. The Architect/Engineer shall obtain and maintain, for the duration of this Agreement or longerlonger as stated in subparagraph D below, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this Agreement. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit. A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for [Member]. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted. B. Automobile Liability Owned Vehicles $1,000,000 Non-owned Vehicles Hired Vehicles $1,000,000 $1,000,000 Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Premises and Operations Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.5,000 D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & OmissionsE&O) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf Liability; covering wrongful acts, errors and/or omissions, including design errors of the Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain for damages sustained by reason of or in the same retroactive date as in effect at the inception course of performance of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective Agreement for two three (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (23) years after the expiration of cancellation of this AgreementProject is substantially complete. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.aggregate

Insurance Coverage. The Architect/Engineer shall obtain and maintain, for the duration of this Agreement or longerlonger as stated in subparagraph D below, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this Agreement. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for [Member]. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted. B. Automobile Liability Owned Vehicles $1,000,000 Non-owned Vehicles Hired Vehicles $1,000,000 $1,000,000 Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Premises and Operations Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.5,000 D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & OmissionsE&O) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf Liability; covering wrongful acts, errors and/or omissions, including design errors of the Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain for damages sustained by reason of or in the same retroactive date as in effect at the inception course of performance of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective Agreement for two three (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (23) years after the expiration of cancellation of this AgreementProject is substantially complete. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.aggregate

Insurance Coverage. The Architect/Engineer shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this Agreement. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Limit B. Automobile Liability Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement. D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & Omissions) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf of Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (2) years after the expiration of cancellation of this Agreement. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.

Insurance Coverage. The Architect/Engineer (a) Lessee shall obtain and maintain, for furnish the duration of this Agreement or longerLessor Trust, the minimum Agent Certificate Holder and the Administrative Agent with certificates showing the insurance coverages set forth below. With required under Sections 13.1 and 13.2 to be in effect and naming the exception of Professional Liability Lessor Trust, the Trust Company, the Agent Certificate Holder, the Administrative Agent and each Participant as additional insureds with respect to liability coverage (E&Oexcluding worker's compensation insurance), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in naming the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insuranceLessor Trust, the Owner shall not be deemed or construed Trust Company, the Agent Certificate Holder, the Administrative Agent and the Lenders, the Certificate Holders and Lessee as their interests may appear with respect to have assessed casualty coverage and naming the risk that may be applicable to the Architect/Engineer under this Agreement. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit B. Automobile Liability Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement. D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & Omissions) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or Agent Certificate Holder on behalf of Architect/Engineer the Certificate Holders as loss payee with respect to casualty coverage and its consultants showing the mortgagee endorsement required by Section 13.3(c) with respect to such coverage. All insurance required under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect Section 13.1 shall be at the inception cost and expense of this AgreementLessee. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will Such certificates shall include a sunset or similar clause that limits coverage unless such clause provides coverage provision for at least two (2) years after the expiration of cancellation of this Agreement. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later less than thirty (30) days after days' advance written notice by the insurer to the Agent Certificate Holder and the Administrative Agent in the event of cancellation or reduction of such insurance. In addition, Lessee shall cause the Lessor Trust, the Trust Company, the Agent Certificate Holder, the Administrative Agent and each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will Participant to be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member named as additional insureds up under each liability policy maintained in connection with the Construction of any Improvements or Modifications. (b) The Lessee agrees that the insurance policy or policies required by Section 13.1(a) shall include an appropriate clause pursuant to which such policy shall provide that it will not be invalidated should the Lessee waive, in writing, prior to a loss, any or all rights of recovery against any party for losses covered by such policy, and that the insurance in favor of the Lessor Trust, the Trust Company, the Agent Certificate Holder, the Administrative Agent, the Certificate Holders and the Lenders and their respective rights under and interests in such policies shall not be invalidated or reduced by any act or omission (including breach of warranty) or negligence of the Lessee or any other Person having any interest in the Property other than the Certificate Holders and the Lenders to the actual liability limits extent permitted by law. The Lessee hereby waives any and all such rights against the Lessor Trust, the Trust Company, the Certificate Holders and the Lenders to the extent of payments made under such policies. (c) All such insurance shall be written by reputable insurance companies that are financially sound and solvent and otherwise reasonably appropriate considering the amount and type of insurance being provided by such companies. Any insurance company selected by Lessee which is rated in Best's Insurance Guide or any successor thereto (or if there be none, an organization having a similar national reputation) shall have a general policyholder rating of "A-" and a financial size rating of at least "VII" or be otherwise acceptable to the Lenders and the Certificate Holders. All insurance policies required by Section 13.1(c) shall include a standard form beneficiary or trustee endorsement in favor of the Lessor Trust, the Trust Company, the Agent Certificate Holder, Administrative Agent and the Participants. (d) Neither the Lessor Trust, nor the Trust Company, nor the Agent Certificate Holder nor any of the Certificate Holders shall carry separate insurance concurrent in kind or form or contributing in the event of loss with any insurance required under this Article XIII except that the Lessor Trust, the Trust Company, the Agent Certificate Holder and any Certificate Holder may, at such party's expense, carry separate liability insurance so long as (i) the Lessee's insurance is designated as primary and in no event excess or contributory to any insurance such party may have in force which would apply to a loss covered under the Lessee's policy and (ii) each such insurance policy will not cause Lessee's insurance required under this Article XIII to be subject to a coinsurance exception of any kind. (e) The Lessee shall pay as they become due all premiums for the insurance required by Section 13.1 and Section 13.2, and shall renew or replace each policy prior to the expiration date thereof; provided that Lessee shall be reimbursed for the cost of all insurance during the Interim Lease Term of an Uncompleted Property pursuant to the Construction Agency Agreement. Throughout the Lease Term, at the time each of the Lessee's insurance policies is renewed (but in no event less frequently than once each year), the Lessee shall deliver to the Lessor Trust, the Agent Certificate Holder and the Administrative Agent certificates of insurance evidencing that all insurance required by this Article XIII is being maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going the Lessee and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow formis in effect.

Insurance Coverage. The Architect/Engineer shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this Agreement. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. All insurance policies will be endorsed to provide a waiver of subrogation in favor of The Board of Regents of The Texas A&M University System, The Texas A&M University System and System Member. All insurance policies will be endorsed to require the insurance carrier providing coverage to send notice to Texas A&M University System ten (10) days prior to the effective date of cancellation, material change, or non- renewal relating to any insurance policy. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Limit B. Automobile Liability Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy . C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.Liability D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & Omissions) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf of Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (2) years after the expiration of cancellation of this Agreement. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ claim / $ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ claim / $ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ claim / $ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ claim / $ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 claim / $10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.

Insurance Coverage. The ArchitectA/Engineer E shall obtain and maintain, for the duration of this Agreement Contract or longerlonger as stated in subparagraph D below, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this AgreementContract. The ArchitectA/Engineer E shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The ArchitectA/Engineer E is not relieved of any liability or other obligations assumed pursuant to this Agreement Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for [Member]. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted. B. Automobile Liability Owned Vehicles $1,000,000 Non-owned Vehicles Hired Vehicles $1,000,000 $1,000,000 Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-non- owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Premises and Operations Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement. D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & Omissions) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf of Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (2) years after the expiration of cancellation of this Agreement. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.5,000

Insurance Coverage. The Architect/Engineer PROVIDER shall obtain and maintain, for the duration of this Agreement Contract or longerlonger as stated in subparagraph D below, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this AgreementContract. The Architect/Engineer PROVIDER shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limitown A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for [Member]. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted. B. Automobile Liability Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-non- owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.5,000 D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & OmissionsE&O) The Architect/Engineer PROVIDER shall maintain Professional Liability that will cover all professional services rendered by or on behalf covering negligent acts, errors and/or omissions, including design errors of Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as PROVIDER for damages sustained in effect at the inception course of performance of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective Contract for two three (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (23) years after the expiration of cancellation of this AgreementProject is complete. The professional liability Professional Liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 of $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name claim/$1,000,000 aggregate. E. The Board of Regents for and on behalf of PROVIDER shall include The Texas A&M University SystemSystem Board of Regents, The Texas A&M University System and System Member The Texas A&M Health Science Center as additional insureds up to insured on the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Automobile Liability policies will be written on policies, and the Workers’ Compensation policy shall include a primary and non-contributory basis. Copies waiver of each endorsement must be submitted with subrogation in favor of the certificate of insurance. The Umbrella policy, at minimum, must follow formOwner where allowed by law.

Insurance Coverage. The Architect/Engineer shall obtain and maintain, for the duration of this Agreement or longerlonger as stated in subparagraph D below, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of currently rated A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this Agreement. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten thirty days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for [Member]. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted. B. Automobile Liability Owned Vehicles $1,000,000 Non-owned Vehicles Hired Vehicles $1,000,000 $1,000,000 Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Premises and Operations Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.5,000 D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & OmissionsE&O) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf Liability; covering wrongful acts, errors and/or omissions, including design errors of the Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain for damages sustained by reason of or in the same retroactive date as in effect at the inception course of performance of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective Agreement for two three (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (23) years after the expiration of cancellation of this AgreementProject is substantially complete. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.aggregate

Insurance Coverage. The ArchitectA/Engineer E shall obtain and maintain, for the duration of this Agreement Contract or longerlonger as stated in subparagraph D below, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this AgreementContract. The ArchitectA/Engineer E shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The ArchitectA/Engineer E is not relieved of any liability or other obligations assumed pursuant to this Agreement Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for [Member]. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted. B. Automobile Liability Owned Vehicles $1,000,000 Non-owned Vehicles Hired Vehicles $1,000,000 $1,000,000 Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Premises and Operations Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement. D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & Omissions) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf of Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (2) years after the expiration of cancellation of this Agreement. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.5,000

Insurance Coverage. The Architect/Engineer shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this Agreement. The Architect/Engineer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Architect/Engineer is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) B. Automobile Liability Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit B. Automobile Liability Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement. D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & Omissions) The Architect/Engineer shall maintain Professional Liability that will cover all professional services rendered by or on behalf of Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (2) years after the expiration of cancellation of this Agreement. The professional liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architect/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and System Member as additional insureds up to the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Liability policies will be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.

Insurance Coverage. The ArchitectA/Engineer E shall obtain and maintain, for the duration of this Agreement Contract or longerlonger as stated in subparagraph D below, the minimum insurance coverages set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Owner. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to the Architect/Engineer under this AgreementContract. The ArchitectA/Engineer E shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The ArchitectA/Engineer E is not relieved of any liability or other obligations assumed pursuant to this Agreement Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Owner at least ten days before the effective date of the cancellation. Coverages Limit A. Worker’s Compensation Statutory Benefits (Coverage A) Employers Liability (Coverage B) Statutory $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for [Member]. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted. B. Automobile Liability Owned Vehicles $1,000,000 Non-owned Vehicles Hired Vehicles $1,000,000 $1,000,000 Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage. Option: If a separate business auto liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the commercial general liability policy C. Commercial General Liability Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Premises and Operations Personal/Advertising Injury $1,000,000 Products/Completed Operations $1,000,000 Damage to rented Premises Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 300,000 Medical Payments $ 5,000 The required commercial general liability policy will be issued on a form that insures Architect/Engineer or its consultant’s liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.5,000 D. Umbrella Liability Insurance $3,000,000 E. Professional Liability (Errors & OmissionsE&O) The ArchitectA/Engineer E shall maintain Professional Liability that will cover all professional services rendered covering wrongful acts, errors and/or omissions, including design errors of the A/E for damages sustained by reason of or on behalf in the course of Architect/Engineer and its consultants under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception performance of this Agreement. If coverage is written on a claims-made basis, Architect/Engineer agrees to purchase an Extended Reporting Period Endorsement, effective Contract for two three (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least two (23) years after the expiration of cancellation of this AgreementProject is complete. The professional liability Professional Liability insurance shall be in an amount based on the AACC and determined by the following chart: AACC Limit $0 - $20,000,000 of $1,000,000 each claim/$ 2,000,000 aggregate $20,000,001 - $60,000,000 $2,000,000 each claim/$ 4,000,000 aggregate $60,000,001 - $90,000,000 $3,000,000 each claim/$ 6,000,000 aggregate $90,000,001 - $120,000,000 $4,000,000 each claim/$ 8,000,000 aggregate $120,000,001 – higher $5,000,000 each claim/$10,000,000 aggregate Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by Architectclaim/$1,000,000 aggregate. E. The A/Engineer under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. Commercial General Liability and Auto Liability policies will be endorsed to name The Board of Regents for and on behalf of E shall include The Texas A&M University SystemSystem Board of Regents, The Texas A&M University System and System Member RELLIS Campus as additional insureds up to insured on the actual liability limits of the policies maintained by Architect/Engineer. The Commercial General Liability Additional Insured endorsements will include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial General Liability and Business Auto Automobile Liability policies will be written on policies, and the Workers’ Compensation policy shall include a primary and non-contributory basis. Copies waiver of each endorsement must be submitted with subrogation in favor of the certificate of insurance. The Umbrella policy, at minimum, must follow formOwner.