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ERF Grant (Revised 09/2024) GRANTEE and their contractors, subcontractors, and subgrantees shall not commence work until they have obtained required insurance. When the insurance is provided by GRANTEE, the certificate(s) must name Hennepin County as the certificate holder and as an additional insured for the commercial general liability coverage(s) and the automobile liability coverages for all operations covered under the Agreement and include the project name and ERF grant number. When the insurance is not provided by GRANTEE, the certificate(s) must name GRANTEE as the certificate holder(s), name GRANTEE and Hennepin County as an additional insured for the commercial general liability coverage(s) for all operations covered under the Agreement and include the project name and ERF grant number. The certificate must also show that the County will receive thirty (30) day prior written notice in the event of cancellation/termination, nonrenewal, or material change in any described policies; however, in the event the insurance carrier will not issue or endorse its policy(s) to comply with the notice provision in the preceding clause, GRANTEE shall assume such notice obligations. If GRANTEE receives notice of cancellation/termination from an insurer, GRANTEE shall email a copy of the notice to COUNTY within two (2) business days. GRANTEE shall furnish to COUNTY updated certificates during the term of this Agreement as insurance policies expire. If GRANTEE fails to furnish proof of insurance coverages, either upon COUNTY’s request or upon expiration of an existing policy, the County may withhold disbursements and/or pursue any other rights or remedy allowed under the contract, law, equity, and/or statute. GRANTEE’s or, as applicable, subcontractor(s)’ or subgrantees’ required insurance shall be primary insurance and any insurance or self-insurance maintained by COUNTY shall be in excess of and non-contributory with GRANTEE’s insurance. GRANTEE waives all rights against COUNTY, its officials, officers, agents, volunteers, and employees for recovery of damages to the extent that damages are covered by insurance of GRANTEE. If necessary, GRANTEE agrees to endorse the required insurance policies to permit waivers of subrogation in favor of COUNTY. If GRANTEE’s subcontractor(s) or subgrantees independently carry insurance in accordance with the provisions herein, GRANTEE shall have a written agreement with its subcontractor(s) or subgrantee(s) to pass-through all of the foregoing insurance obligations. 9. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, subgrantees, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 41