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<br />002111 <br /> <br />3. A certificate of each policy of insurance, and any changes therein, shall be furnished to <br />Reclamation immediately upon receipt from the insurance company. <br /> <br />4. Each insurance company of the Contractor must hold a current Certificate of Authority <br />issued by the Director of the Colorado Department of Insurance authorizing it to transact the <br />appropriate kind of insurance business in Colorado. <br /> <br />( <br /> <br />5. Each policy of insurance shall contain a provision that the insurance carrier waives any <br />rights which it may have to raise as a defense the Contractor's sovereign immunity from suit, but <br />such waiver shall extend only to claims the amount and nature of which are within the coverage <br />and limits of the policy of insurance. The policy shall contain no provision, either express or <br />implied, that will serve to authorize or empower the insurance carrier to waive or otherwise limit <br />the Contractor's sovereign immunity outside or beyond the coverage and limits of the policy of <br />insurance. To be acceptable, the policy of insurance must contain a provision committing the <br />insurer to pay for covered acts and omissions regardless of the fact that the same acts or <br />omissions by the insured, its agents and employees, are covered under the Federal Tort Claims <br />Act (FTCA). In addition, the Contractor shall also place the following clause in the contract <br />(policy) with the insurance carrier that it contracts with to provide the insurance: "If the <br />insurance company denies coverage on an incident; does not defend the claim; or does not pay <br />the claim and the claimant files a Federal Tort Claim Act (FTCA) action against the Federal <br />Government, the insurance company is obligated to pay an amount, up to the limits of the <br />carrier's liability to the Government through the (contractor), in the amount paid under the FTCA <br />action." The Contractor will reimburse the Government upon receipt and only to the extent of <br />the money received from the insurance company. The insured will tender the defense of the <br />covered claims to the insurer in the first instance. The insurer will timely inform the insured as <br />to whether the insurer accepts liability and the limit of its admitted responsibility. If the insurer <br />denies liability or denies part of the claim, the insured and the Government are then authorized to <br />process the claim under the FTCA. <br /> <br />6. The Contractor represents and warrants that it maintains with responsible insurance <br />carriers: <br /> <br />(a) Insurance on plant and equipment against fire and other hazards, to the extent <br />that similar properties are usually insured by others operating plants and properties of <br />similar character in the same general locality; <br /> <br />(b) Adequate insurance against liability on account of damage to persons or <br />property; and <br /> <br />(c) Adequate insurance under all applicable workers' compensation laws. <br /> <br />The Contractor agrees that, until work under each individual Construction Contract has been <br />completed and all advance payments made under that Contract have been liquidated, it will <br /> <br />27 <br />