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the course of the work. State inspection is not a waiver of full <br />compliance with these requirements. <br />1 <br />5. The Contractor's obligation to defend and indemnify shall not be <br />excused because of the Contractor's inability to evaluate liability or <br />because the Contractor evaluates liability and determine that the <br />Contractor is not liable. The Contractor shall respond within 30 days <br />to the tender of any Claim for defense and indemnity by the State, <br />unless this time has been extended by the State. If the Contractor <br />fails to accept or reject a tender of defense and indemnity within <br />30 days, in addition to any other remedy authorized by law, the <br />Department may withhold such funds the State reasonably considers <br />necessary for its defense and indemnity until disposition has been <br />made of the Claim or until the Contractor accepts or rejects the <br />tender of defense, whichever occurs first. <br />With respect to third -party claims against the Contractor, the <br />Contractor waives all rights of any type to express or implied <br />indemnity against the State, its officers, employees, or agents <br />(excluding agents who are design professionals). <br />7. Nothing in the Contract is intended to establish a standard of care <br />owed to any member of the public or to extend to the public the status <br />of a third -party beneficiary for any of these indemnification <br />specifications. <br />b. INSURANCE <br />Nothing in the contract is intended to establish a standard of care <br />owed to any member of the public or to extend to the public the status <br />of a third -party beneficiary for any of these insurance specifications. <br />C. CASUALTY INSURANCE <br />The Contractor shall procure and maintain insurance on all of its <br />operations with companies acceptable to the State as follows: <br />A. The Contractor shall keep all insurance in full force and effect <br />from the beginning of the work through contract acceptance. <br />B. All insurance shall be with an insurance company with a rating <br />from A.M. Best Financial Strength Rating of A- or better and a <br />Financial Size Category of VII or better. <br />25G-41 <br />