Smyrna IGA for Antenna 5.1.2026 edits
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18 a captive, a fronting policy, and/or any monetary conditions precedent to coverage or a transfer of risk, Contractor shall be required to notify County and provide additional information upon request. If Contractor is self-insured, insured by a captive, utilizing a fronting policy, having a monetary condition precedent to coverage or a transfer of risk, or any combination thereof to meet its obligations to County, County may require Contractor to provide to County additional financial security. Contractor’s failure to notify and/or adequately disclose the requirements of this provision shall be considered a material breach of the Agreement. 3. Primary Insurance Contractor’s insurance coverage shall be endorsed as primary and noncontributory with respect to the performance of this Agreement and in the protection of the County. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor’s insurance and shall not contribute to it. 4. Waiver of Subrogation Each policy or policies of insurance required by this Agreement shall be endorsed to provide a waiver of subrogation, or waiver of right to recover from others, in favor of the Insured Parties for losses arising from services performed or goods provided by Contractor for or to County. Contractor agrees to obtain any endorsement that may be necessary to affect the above waiver of subrogation, but this provision applies regardless of whether Contractor has received a waiver of subrogation endorsement from an insurer. 5. Deductibles, Self-Insured Retention, and Monetary Conditions Precedent Contractor shall pay all deductibles and be liable for all claims, losses and damages for which it self-insures. Contractor shall notify County of any deductible or self-insured retention greater than $100,000 or any increase thereto. County may require additional financial security for deductibles and self-insured retentions greater than $100,000. 6. Separate Coverage Coverage shall state that the Contractor’s insurance shall apply separately to each Insured Party against whom claim is made or suit is brought. 7. Defense Costs and Cross Liability Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. 8. Notice Requirement Each insurance policy or policies required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to County. All notices shall be mailed to the attention of Cobb County Government at 100 Cherokee Street, Suite 300, Marietta, Georgia 30090. County reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law. The project number and name shall be referenced in the description section of the insurance certificate. 9. Reporting Requirement Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. 10. Acceptability Each insurance policy or policies required by this Agreement shall be issued by an insurance company licensed, authorized or approved by the Georgia Insurance Commissioner to write business in the State of Georgia. Such insurance shall be placed with insurers with a minimum AM Best’s Policyholder’s Rating