J-7 SDSTA Risk Transfer Protocol Manual July 12 2024

I.

I.

II.

F.

Insurance Requirements for Contracts with Certain Funding Agencies - Large "Other

Appendices

A - Property Donation Agreement (Excerpts)
B - Standard Indemnification Clause
C - Acknowledgment of Risk
D - Release, Agreement Not to Sue and Waiver
E - Standard Insurance Requirements
F - Sample Certificate of Insurance: Evidencing Compliance with Insurance Requirements in Category 2
G - Sample Certificate of Insurance: Evidencing Compliance with Insurance Requirements in Category 3
H - Risk Transfer Work Flow Diagram
I - Risk Management Diagram
J - Supplementary Policy Guidance and Certificate of Insurance Review Checklist

Risk Transfer Protocols for SDSTA's
Contractors and Project Participants

I.

GENERAL

A. Purpose - Interpretation

These Risk Management Protocols ("Protocols") are intended to: 1. Establish a systematic contractual risk transfer procedure for the South Dakota Science and Technology Authority ("SDSTA");
2. Establish a written risk management plan that includes, among other things: (a) general categories of activities and associated risks organized by level of risk; (b) types of coverage and limits of liability to be required for each category; (c) criterion used to determine whether the Homestake Indemnified Parties must be named as additional insureds on commercial insurance policies required of Contractors and Project Participants; and (d) criterion used to determine whether a retained risk plan, pool, or other form of "self-insurance" is acceptable in combination with or in lieu of commercial insurance; and
3. Ensure all Contractors and Project Participants provide insurance in compliance with the terms of the PDA and to shift risk away from the Homestake Indemnified Parties, SDSTA, and the State of South Dakota in compliance with the terms and intent of the PDA and the donation of the former Homestake Gold Mine to SDSTA.

B. Scope

These Protocols are applicable to all Contractors and Project Participants and its or their Representatives.

C. Protocol Structure

SDSTA's risk transfer program consists of two components: standard contractual provisions and insurance requirements. The standard contractual provisions are described below in Section II. The insurance requirements are described below in Section Ill.

D. Definitions

l. "Authorized Entrant" has the meaning given to that term in the PDA. The term does not

include FRA or its Representatives or FRA's Contractors.