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4. Fiduciary Liability. Deleted; not applicable. <br />5. Valuable Papers coverage. Deleted; not applicable. <br />6. Surety or Fidelity Bond(s). Deleted; not applicable. <br />7. The Contractor shall provide proof of such insurance coverage by tendering to the <br />undersigned IHCDA representative a certificate of insurance upon request and proof of <br />workers compensation coverage meeting all statutory requirements of IC 22-3-2, upon <br />request. In addition, proof of an "all states endorsement" covering claims occurring outside <br />the State is required if any of the services provided under this Contract involve work outside <br />of Indiana. <br />B. The Contractor's insurance coverage must meet the following'additional requirements: <br />1. The insurer must have a certificate of authority or other appropriate authorization to operate <br />in the state in which the policy was issued. <br />2. Any deductible or self -insured retention amount or other similar obligation under the <br />insurance policies shall be the sole obligation of the Contractor. <br />3. IHCDA will be defended, indemnified and held harmless to the full extent of any coverage <br />actually secured by the Contractor in excess of the minimum requirements set forth above. <br />The duty to indemnify IHCDA under this Contract shall not be limited by the insurance <br />required in this Contract. <br />4. The insurance required in this Convact, through a policy or endorsement(s), shall include a <br />provision that the policy and endorsements may not be canceled or modified without thirty <br />(30) days' prior written notice to IHCDA. <br />5. The Contractor waives and agrees to require their insurer to waive their rights of <br />subrogation against IHCDA. <br />C. Failure to provide insurance as required in this Contract may be deemed a material breach of <br />contract entitling IHCDA to immediately terminate this Contract. The Contractor shall furnish a <br />certificate of insurance and all endorsements to IHCDA upon request. <br />28. Key Person(s). <br />A. If both parties have designated that certain individual(s) are essential to the services offered, the <br />parties agree that should such individual(s) leave their employment during the term of this contract <br />for whatever reason, IHCDA shall have the right to terminate this Contract upon thirty (30) days <br />prior written notice. <br />B. In the event that the Contractor is an individual, that individual shall be considered a key person <br />and, as such, essential to this Contract. Substitution of another for the Contractor shall not be <br />permitted without express written consent of IHCDA. <br />Nothing in subsection A and B above shall be construed to prevent the Contractor from using the <br />services of others to perform tasks ancillary to those tasks which directly require the expertise of the <br />{00028595-11 <br />Page 10 of 39 <br />