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<br />I <br /> <br />I <br /> <br />5.8. All the policies of insurance (or the certificates or <br />other evidence thereot) required to be purchased and main- <br />tained by OWNER in accordance with paragraphs 5.6 and <br />5.7 will cuntain a provision or endorsement that the coverage <br />afforded will not be cancelled or materially changed or renewal <br />refused until at least thirty days' prior written notice has beel1 <br />given to CONTRACTOR by certified mail and will contain <br />waiver provisions in ilccordance with paragraph 5.11.2. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />5.9. OWNER shall not be responsible for purchasing and <br />maintaining any property insurance to protect the interests <br />of CONTRACTOR, Subcontractors or others in the Work to <br />[he extent of any deductible amounts that are provided in the <br />Supplementary Conditions. The risk of loss within [he <br />dcductible amollnt. will he borne by CONTRACTOR. Sub- <br />contractor or others suffering any such loss and irany of them <br />wishes property insurance covemgc within [he limits of such <br />amounts, each may purchase and maintain it at the purchas- <br />er's own expense. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />5.10. If CONTRACTOR requests in writing lhat other <br />special insurance be included in the property insurance pol- <br />icy, OWNER shall. if pl)ssibJe, include such ino;;urance, and <br />the cost thereof will be charged to CONTRACTOR by appro- <br />priate Change Order or Written Amendment. Prior to com. <br />mencement of [he Work at the site, OWNER shall in writing <br />advise CONTRACTOR whcther or not such other insurance <br />has been procured by OWN ER. <br /> <br />I <br /> <br />I <br /> <br />Waiver of Rights: <br /> <br />5.11.1. OWNER and CONTRACTOR waive all rights <br />against each other for all losses and damages caused by <br />any of the perils covered by the policies of insurance <br />provided in response to paragraphs 5.6 and 5.7 and any <br />other property insurance applicable to the Work, and also <br />waive all such rights against the Subcontractors, ENGI- <br />NEER, ENGINEER's consultants and all other parties <br />named as insureds in such policies for losses and damages <br />so caused. As required by paragraph 6.11, each subcon. <br />tract between CONTRACTOR and a Subcontractor will <br />contain similar waiver provisions by the Subcontractor in <br />favor of OWNER, CONTRACTOR, ENGINEER. ENGI- <br />NEER's consultants .md all other parties named as insurcds. <br />None of the above waivers shall extend to the rights that <br />any of the insured parties may have to the proceeds of <br />insurance held by OWNER as trustee or otherwise p~y. <br />able under any policy so issued. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />5.11.2. OWNER and CONTRACTOR intend that any <br />policies provided in response to paragraphs 5.6 and 5.7 <br />shall protecI all of the panics insured and provide primary <br />coverage for all lo~sc'i and damages call~cd by lhe perils <br />covered Ihaeby. Accordingly, all sUl:h policies shall con. <br />tain provisions to the effect that in the evenl of payment <br />of any loss or damage the insuft:r will have no rights of <br />recovery against any of Ihe parties namell as insureds or <br />additional insureds. and if Ihe in..urers require separate <br />waiver forms to be signed by ENGINEER or ENGI. <br />NEER's consulrant OWNER will oblain the same. and if <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />such waiver forms are required of any Subcontractor, <br />CONTRACTOR will obtain the same. <br /> <br />Receipt and Application of Proceeds: <br /> <br />5.11. Any insured loss under the policies of insurance <br />required by paragraphs 5.6 and 5.7 will be adjusted with <br />OWNER and made payable to OWNER as trustee for the <br />insureds, as their interests may appear. subject to the require- <br />ments of any applicable mortgi.lge clause and of paragraph <br />5.13. OWNER shall deposit in a separate account any money <br />so received, and shall distribute it in accordance with such <br />agreement as the parries in interest may reach. If no other <br />special agreement is reached the damaged Work shall be <br />repaired or rcpla~cd, the moneys so received applied on <br />account thereof and the Work and the cost thereof covered <br />by an appropriate Change Order or Written Amendment. <br /> <br />5.13. OWNER as trastee shall have powerto adjust and <br />settle any loss with the insurers unless one of the parties in <br />interest shall object in writing within fifteen days after the <br />occurrence of loss to OWNER's exercise of this power. If <br />sach objection be made, OWNER as trustee shall make set- <br />tlement with the insurers in accordance with such agreement <br />as the parties in interest may reach. If required in writing by <br />any party in interest, OWNER as trustee shall, upon the <br />occurrence of an insured loss. gi~e bond for the proper per. <br />farmance of such duties. <br /> <br />Acceptance of Insurance: <br /> <br />5.14. If OWNER has any objection to the coverage afforded <br />by or other provisions of the insurance required to be pur- <br />chased and maintained by CONTRACTOR in accordance <br />with paragraphs 5.3 and 5.4 on the basis of its not complying <br />wilh the Contract Documents, OWNER shall notify CON- <br />TRACTOR in writing thereof within ten days of the date of <br />delivery of such certificates to OWNER in accordance with <br />paragraph 2.7. If CONTRACTOR has any objection to the <br />coverage afforded by or other provisions of the policies of <br />insurance required 10 be purchased and maintained by OWNER <br />in accordance with paragraphs 5.6 and 5.7 on the basis of <br />their not complying with the Contract Documents, CON- <br />TRACTOR shall notify OWNER in wriling thereof within ten <br />days of the date of delivery of such certificates to CON- <br />TRACTOR in accordance with paragraph 2,7. OWNER and <br />CONTRACTOR shall each provide to the other such addi- <br />tional information in respect of il1surance provided by each <br />as the other may reasonably request. Failure by OWNER or <br />CONTRACTOR to give any such notice of objection within <br />the time provided shall constitute acceptance of such insur- <br />ance purchased by the other as complying with lhe Contract <br />Documents. <br /> <br />Partial Utilization-Property Insurance: <br /> <br />5.15. If OWNER finds it necessary to occupy or use a <br />portion or portions of the Work prior to Substantial Comple- <br />tion of all the Work. such use or occupancy may be accom- <br />plished in accordance with paragr8ph 14.10; provided that no <br /> <br />13 <br />