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Primary Clause Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. Carrier Rating All insurance companies must carry a rating of A-VIII. If the Permittee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit is required. Endorsements Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. Obligation Inadequate or lack of insurance does not negate the Permittee's obligations under this Agreement. Satisfying SIR All insurance required by this Agreement must allow the State to pay or act as the contractor's agent in satisfying any self-insured retention (SIR). The choice to pay or act as the Permittee's agent in satisfying any SIR is at the State's discretion. Coverage All coverage and limits available to the Permittee shall also be available and applicable to Limits the State. Subcontractors In the case of Permittee's utilization of subcontractors to complete the contracted scope of work, Permittee shall include all subcontractors as insureds under Permittee's insurance or supply evidence to the State that subcontractor has insurance equal to policies, coverages, and limits required of Permittee including Professional Liability as required by this Agreement. GENERAL REQUIREMENTS: Assignment This Agreement shall not be assigned or sublet without the express written consent of the State, which may be withheld in the State's sole discretion. Amendments This Agreement may be amended at any time by mutual agreement of the Parties,.except insofar as the proposed amendments are in any way contrary to applicable law or inconsistent with the intent of the Work Plans or Orders identified herein. Any amendments, modifications or changes to the terms of this Agreement must be in writing and executed by the Permittee and State and is subject to the review and consent of the SPWB. Waiver and Permittee waives all claims against State, its officers, agents, employees, lessees, and Indemnification sub-lessees, for loss or damage caused by, arising out of, or in any way connected with Permittee's exercise of this Agreement, and Permittee agrees to protect, save harmless, indemnify, and defend State, its officers, agents, employees, lessees, and sub-lessees, Right Of Entry Permit& Monitoring Well Agreement January 12, 2021 (L-2620) Page 10