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otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11 .31 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, i which shall specifically cover such insured objects during installation and until final acceptance by the Owner; iL 11 " L this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11 .3.3 LOSS OF USE INSURANCE Fit The Owner, at the Owner' soption, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner' s property, including consequential losses due to fire or other hazards however caused. § 11 .3;4 If FILL , the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11 .3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the ''site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring theProject duriFL ng the construction period, the Owner shall waive all rights in accordance with the terms of Section 11 . 3 . 7 for damages caused:by fire or other causes of loss covered by this separate property insurance. All separate polieies shall provtde, this waiver of subrogation by endorsement or otherwise. § 11 .3.6 Before an exposureMloss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11 .3 . Each policy shall contain all generally applicable conditions, definifions,' exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been ' given to the Contractor . § 11 .3:7 WAIVERS OF SUBROGATION FX LF9 The Owner and Contractor waive all 'rights against ( 1 ) each other and any of their subcontractors, sub- I -LI LL 11subcFit LLontractors, aLittgents and employees, each of the other, and (2) the Architect, Architect' s consultants, separate contractors described m Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, I LL for damages caused by fire or other causes of loss to the extent covered by properly insurance obtained pursuant to thiLL s Section 11 .3 or oIL 'ther property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Archifect, Architect' s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub- subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effectL' LLL ive as to a person or entity even IF I.tl though that person or , entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay I IL I LLthe insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damageI I'LL d. §: :.,l 13.8 A loss insured under the Owner' s property insurance shall be adjusted by the Owner as fiduciary and made I ' LL I payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11 . 3 . 10 . The Contractor shall pay Subcontractors their just shares of LL LL I I ILL insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. L I§ 11 .3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner' s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the AIA Document A201 TM - 2007. Copyright 01911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28:34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. 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