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C] 40 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors orothem in the Work to 1 b extent of any deduetible am5uttts that ane identified in the Supplementary Conditions- *Me risf: of loss within such iden- tified deductible rtrwunt. will be borne by CONTRACTOR. Subcontractor or othc s sufferirtg any such loss and If any of them vrisltes property insurance coverage within the limits Or such amounts. cath may purchase and maintain it at the purchaser's own expense. 5.10. it CONTRACTOR requests in writing tttat other special insurance be included in the rmperty insurance policies provided under paragraphs 5.6 or $.7. OWNER shall. if possi- b1c. include such insurartec. and the{hdlllr e Charged to CONTRACTOR by a profnuc Written Amendment. Prior to commencement Of the Work at the site. OWNER shalt in writing advise CONTRAMR whether or not such other insurance has been procured by OWNER. 5.11. 4Ya:i r, r aj R r';herr' 5.11.1. OWNER and CON'f'RAC UR intend that all policies purchased in accordance with paragraphs 5.4 znd 5.7 will protect OWNER CON'T'RACTOR. Subcontractors. ENGINEER. ENGINEER'S CortsulLmu and all other per- sons or entities identified in the SupPlcmtnrary Conditions tO be listed as insureds or additional insureds in such policies and will provide primary coverage for alI losses and 4artaagcs carr sod by the pedis coveted thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or drrmge the insurers will hzvr no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against e=h other and their respective Officxrs• directors. employees and agents for all losses and damages caused b5. arising out of or restdtin g from any or the perils covered be suds palicics and any other property insurance applicable to the Work; and. in addition. waive ail such rights against Subcuntractcns. ENGINEER. ENGINEER's Consultants Bund all other persons or entities ideatffied in tlta Suppicmcn< t ;ry Cc:ndidow Lob, I+strA *t insureds or additional insureds under such policies for losses anti danatt: ser t rises ,.ons of the above waivers shall extend to the rights that any PInY malting such wLtivcr may have to the proceeds of insunutce held by OWNER as tnrStCC or atherwise payable under any policy so issued. 5.11.2 in addition OWNER waives all rights against CONTRACMR. Subcontractors. ENGINEER. ENGI- NE1~R's Consuhtutts and the officers, dircclors, employees and agents of any of them, for. 5.11.2.1. loss due to business intenvption.loss Of use or other coaScqucrttial loss extending beyond direct Phys- ical loss or darrmc to OWNER's prupcny Or the Wort: caused by. arising out of or ruultinp from fire or other peril, vehether fir nor insurrd byOWN T'R: an -1 5.11,2. lass or dxmagc to the completed Project or part thereof caused by. arising out afar resulting from fire fir other insured peril covered by any property insurance msrntsincd on the completed Prcicct or pan thereof by OWNER during partial utiliudon pursuant to paragraph 14,tO. after substantial completion pursuant to paragraph 14.Ih or niter final payment pursuant KO Paragraph 14 -13 - An Y 4,13.Any insurance policy mainWntd by OWNER covering any loss. damn fc a consequential loss referred to in [lits Mragraph 5.11 2 shall contain provisions ro the effect that in the cveatt Of pavement of any such lom darnaec or eonsequtntial lass the inxurcrs will nave no rights of recovery against any of CON- iRACTOR.Subconuactots. ENGINEER. ENGINEER'sCoo- suitWntc and he officers. directors. employees and agents of any of them Rettipt and AppLkid4 n of insurance 11roowds 5.t"_. An!� insured loss under the policies or insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER sea's made payable to OWNER as fiducury for the insureds. as their interests may appear. subject to the Mcluire- mctus of any applicable mortgage etause and of parapmph 5.13. OWNER "i deposit in a scparzte account any money so received, and shall distribute it in accordance with such agree- ment IS the parries in interest may reach. if no othcr'spccial aercemcnt is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an approptisse Gram's Omer or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and Settle any loss with the insurers unless one of the petits In interest stall Object in wriu'ng within fifteen days after the occur[ ,nceofloss to OWN JEW S exercise afthis powerif such obijection be mad c. OWNER as rid uciary shall make setticmenI with the insurers in a=rdanec with such agreement as the parties in interest may reach. If no such agrccrncnt among the panics in interest is trached. OWN ER as fiduciary shall adjust kind settle the lass with the insurers and. if required in writing by any party in interest. 0WNER as fiduciary shall 9ivc bored for the proper performance 7f such duties. Accrprc+ of 1304ds rend "MaOr:cr:Opti" to Repfate- S. tA. 1f either party (OWNER or CONTRACMP) has any oh r cti o n ser the coverage afforded by or other PrOvisiurrs of thv J 11onGs or insrlrutcc FugL'Ltcu iV "�: Purctdia r by she other party in aceordancc with Article 5 On the lsasis or non, onfonrlance with the Contract documents. the o6jccdng party shall so notify the Other palsy in writing within ten days after receipt of the certificates for other evidence requested[ required by Par'+ioaph 2 1.0W`NER and COKTRAC.TOR Shall each provide to the other soch additional infoalt &dOn in rupee f of insurance Provided as the other may reasonably esti tither pony docs not purchase or maintain alS of the ponds and insurance required of Such pany by the Conumzzt do..131111ent - such piny shall notify the other patty in writing of such failum to purchase prior to tite start of tltc Werk. or of such failure to maintain prior to any chsngcin the rcquiredcovcrage. Without prciudice to any other right or remedy. the Other party >wty elect to obtain equivalent bonds or insurance to protw such othtt party's interests at the expense of thee party who was