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d. Deductibles and Self-Insured Retentions: Insurance maintained by Contractor shall apply on a first dollar basis without
<br />application of a deductible or self-insured retention unless otherwise specifically agreed to by the State. Such approval
<br />shall not relieve Contractor from the obligation to pay any deductible or self-insured retention. Any deductible or self-
<br />insured retention shall not exceed $5,000 per occurrence, unless otherwise approved by the Risk Management
<br />Division.
<br />e. Policy Cancellation: Except for ten days notice for non-payment of premium, each insurance policy shall be endorsed
<br />to state that; without thirty (30) days prior written notice to the State of Nevada, c/o Contracting Agency, the policy
<br />shall not be canceled, non-renewed or coverage and /or limits reduced or materially altered, and shall provide that
<br />notices required by this paragraph shall be sent by certified mailed to the address shown below.
<br />f. Approved Insurer. Each insurance policy shall be:
<br />1) Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurers
<br />acceptable to the State and having agents in Nevada upon whom service of process may be made, and
<br />2) Currently rated by A.M. Best as "A- VII" or better.
<br />Evidence of Insurance:
<br />Prior to the start of any Work, Contractor must provide the following documents to the contracting State agency:
<br />1) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a form substantially similar must be submitted
<br />to the State to evidence the insurance policies and coverage required of Contractor.
<br />2) Additional Insured Endorsement: An Additional Insured Endorsement (CG20 10 or C20 26) , signed by an authorized
<br />insurance company representative, must be submitted to the State to evidence the endorsement of the State as an additional
<br />insured per General Reouirements. Subsection a above.
<br />3) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply with minimum limits,
<br />a copy of the Underlying Schedule from the Umbrella or Excess insurance policy may be required.
<br />Review and Approval: Documents specified above must be submitted for review and approval by the State prior to the
<br />commencement of work by Contractor. Neither approval by the State nor failure to disapprove the insurance famished by
<br />Contractor shall relieve Contractor of Contractor's full responsibility to provide the insurance required by this Contract.
<br />Compliance with the insurance requirements of this Contract shall not limit the liability of Contractor or its sub-
<br />contractors, employees or agents to the State or others, and shall be in addition to and not in lieu of any other remedy
<br />available to the State under this Contract or otherwise. The State reserves the right to request and review a copy of any
<br />required insurance policy or endorsement to assure compliance with these requirements.
<br />Mail all required insurance documents to the Contracting Agency identified on page one of the contract
<br />17. COMPLIANCE WITH LEGAL OBLIGATIONS. Contractor shall procure and maintain for the duration of this Contract
<br />any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute,
<br />ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor will
<br />be responsible to pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Real property and personal
<br />property taxes are the responsibility of Contractor in accordance with NRS 361.157 and 361.159. Contractor agrees to be
<br />responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract.
<br />The State may set-off against consideration due any delinquent government obligation in accordance with NRS 353C.190.
<br />18. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or its
<br />material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any
<br />other breach.
<br />19. SEVERABILITY. If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this
<br />Contract shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to
<br />render any other provision or provisions of this Contract unenforceable.
<br />20. ASSIGNMENT/DELEGATION. This Agreement may not be assigned by either party without the prior written consent of
<br />the other and such consent will not be unreasonably withheld. However, either party may, without the other party's consent,
<br />assign this Agreement to an Affiliate or to any entity that acquires substantially all of the party's business or stock and Cingular
<br />may assign its right to receive payments hereunder. An assignment of Cingular's rights shall not relieve Cingular of it's
<br />obligations to the State. Subject to the foregoing, this Agreement will be binding upon the assignees of the respective parties.
<br />21. STATE OWNERSHIP OF PROPRIETARY INFORMATION. Any reports, histories, studies, tests, manuals, instructions,
<br />photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which is intended to be consideration
<br />under the Contract), or any other documents or drawings, prepared or in the course of preparation by Contractor (or its
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