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eh') <br />5.9. OWNER shill not be responsible for purchasing and <br />Mji;uWnjng any propr-My insurance to protea the intcrrests of <br />CONTRA OR. Subcontractor: or others in the V&rk to the <br />extent of any dcducCblc amounts that are identif" in the <br />Suppierneawy Conditions, "Else risk of loss within such idcn• <br />ti" deductible amount, will be borne by CONTRACTOR. <br />Subcontrat tor' or others suffering any such loss and if any of <br />than Knishes property insuraarec ccwcrargc within etre limit or <br />such jsmtmts< each may purchase and mainLain it at the <br />Ixtrrhaxer's own expanse. <br />5.10. If CONTRACTOR rc ucsts in writing that other <br />special insumnec be included in the property insurance policies <br />provider) under parafsatthu 5,4 or 5.7. 0WNER shall. if possi- <br />ble, include such insurance. and the cost thereof %ill be <br />diuTcd in CONTRACTOR by appropriate Change Order or <br />Written Amcradmcnt, Prior to commcnotment of the Work at <br />the site. OWNER dull in writing advise CONTRA f:7OR <br />whether or not such other irsuran-cc has ban proctored by <br />OWNER. <br />$.It. Mrimr ojRirhu: <br />5.1l.l. OWNER and CONZ'RAC17OR imcnd that all <br />policies purcli , in accordance vrith mmMphs 5.6 and <br />5.7 will protect OWNER. CONTRACTOR. Subaanuicaors. <br />ENGINEER. ENGINEER's Consultvtts and all other per- <br />sons or eneities identified in the Supplernentary Conditions to <br />be listed as insurtxts or additional insureds in such policies <br />and will provide primary coverage for all losses and damages <br />caused by the perils oovcrM thereby. All such policies shalt <br />contain provisions to the effect that in the event of Paynter( <br />of any loss or darnzyc the insurers will have no rights of <br />rctovery a4airm any of the insureds or additional insureds <br />thcrtunder. OWNER and CONTRACTOR vrarve all richt <br />ateainst tach other and their ropecnnyc offtcm. dortctors. <br />employees and nmu for alt losses and damages caused by. <br />arising out of or matting from any or the perils covered by <br />such policies unci any othcr property insurance applicable so <br />the Work; and. in addition. waive alt such rights a aairm <br />Subcrontricton. ENGINEER, ENGINEER's. Consultants <br />and all other persons or entities identified in the Supplemen. <br />tary Conditions to be lined ss insureds or additional insureds <br />under such policies for losses anti &=ges so caused. None <br />of dJ c above waivers shall extend to the ri flus dtat any Nrty <br />making such waiver may have to the pm;xeds of inwrwscc <br />held by OWNER as uiistec or otherwise payable under any <br />policy so issued. <br />5.11.2. In addition. OWNER waivcs all rights agarose <br />CON TRAC"MR. Subconttac:tots.. ENGINEER, ENG]. <br />NEER's Cortsuhmts and the officers, directors. cmptoyccs <br />acrd age m of any of !hemi, for: <br />lass duc t.o business interruption. loss Of use <br />or other conscquctWal lass cxten dinf beyond direct phys- <br />ical loss or darrtagr to OW'NER's property or the Work <br />mused by. arising out of or resuldng from Ere or otaer <br />peril, whether or not insured by OWNER: and <br />loss or d.xmage to the completed Project or <br />part thereof caused by, arising out of or rtsulans from f m <br />or other insured perit covered by any prvpeny ins,urartce <br />rrtainuincd on the completed Pmiect or put tltxrettf by <br />OWNER during partial utilization punuutt to paragraph <br />14.1U. rioter subsume l completion Purauaht to parj4rsph <br />14,6 or anter final payment puruism to paragraph 14.13. <br />Any imun=c pot icy mainuinod by OWNER covv4 any <br />toss. dxrtu;c or COnjl quentisI loss talented to in this pxrafmwh <br />5,1.1? dull contain provisions to the effect that in the evcvu of <br />payment of any such loss. damage or eonsrqucn" ions the <br />insurers will have no right of rceovcry ap dim any of CON- <br />T ACTOR.5ubeamtrattors.ENGINEER.ENG1NEER'sCon- <br />sultxm.R rind the officers: dirrcctors. employees and agents of <br />any of them <br />Receipt and APO -kation or Ir w—u cc l'rDmeds <br />5.1r Any insured loss under the polides or ituura= <br />required by paragraphs 5.$ and 5.7 will be ad_iuu ed with <br />OWNER and made payable to OWNER as fiduciary for the <br />Insureds. as their intcrc3Ls may appear, subicct to the itgWr%— <br />ments of env spp]icable mortrige ctausc and of parap2ph 5.13. <br />OWNER shall deposit in a scparue account any money to <br />received. and dull distribute it in accordance with such apVc- <br />rncnt a the pan!" in interest may reach. If no other'special <br />arrcement is reached the damahrcd Work shall be mp'.aired or <br />replaced. the moneys so receival applied on account thereof <br />and the Work and the cost thereof covered by an approprim e <br />Change Ordetor Written Amendment_ <br />5.13, OWNER as fiduciary shall have power to adjtsss and <br />scale any loss with the insurers unless ane of the gaasnies in <br />interest shall obect iin writing within fdt�n days after the <br />occunrcncc artoss to OWN ER's exercise of this power. If stuch <br />obiecrion be mad c.OWNFR as fiduciary shall make settlement <br />with the insurers in accordxncc with such arrccsritnt a5 the <br />panics in interest may reach. If no such agsrcment among the <br />panics in interest is teachcd. OWNER as fiduciary shall adjust <br />and settle the loss with the insurers and. if mquired in writing <br />by any party in intcresL. OWNER as fiduciary shall give bond <br />for the proper perfonnancc of such duties. <br />Acrcprvncr of D4ndr and ln-r% xtce: C3pmrt go Arpt-e: <br />5,14. it either party (OWNER or CONTRACTOR) has any <br />objection to the coves-gc afforded by orather provkicins of the <br />Sonds or insurance required to be purehascd and maintained <br />by she other parry in aceonlarrcc with An icle 5 on the Wsis of <br />non_conformance with the ant -act Do .mcnts. the obkcdng <br />party shall so notify the other puny in writing within tcn days <br />after rcceipt of 111c certificates for other evidence requested) <br />required by p, k- iph 2.7.. OWNER a.rtd CONiRAMR dull <br />,each prvvidc to the ether such additional information in =Peet <br />of insurance provided as the Other nuv reasonably r'egts' If <br />either piny docs not pumt=c or maintain all of the Bonds and <br />insurance raquired of such parry by the Canu'zct >7rsearmcnu• <br />such panv shall noury the other pxny in writing of such' failure <br />to purchase prior to the start of the Work. or of such fa.iltarc to <br />rnainmin prior to any chxngc in the rcquimd covctzge- WAhout <br />prciudicc to any outer right or rcrrtcdy. the other � rimy <br />etcct to obtain equivalent bonds or insurance to Prot Such <br />Other parlt' s interests at the expense or the pxnv -110 -11 <br />00700-2,3 <br />