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2008-247
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2008-247
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Last modified
4/8/2016 10:19:31 AM
Creation date
10/1/2015 12:28:03 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/12/2008
Control Number
2008-247
Agenda Item Number
15.A.1
Entity Name
Barth Construction
Subject
Fire Station #9 Part II Agreement
Area
Roseland Road
Supplemental fields
SmeadsoftID
7515
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temporary buildings and debris removal including demolition occasioned by <br /> enforcement of any applicable legal requirements , and shall cover reasonable <br /> compensation for the services and expenses of the Design /Builder' s Architect and other <br /> professionals required as a result of such insured loss . Coverage for other perils shall <br /> not be required unless otherwise provided in the Contract Documents . <br /> § 7 . 3 . 3 If the Owner does not intend to purchase such property insurance required by <br /> this Part 2 Agreement and with all of the coverages in the amount described above , the <br /> Owner shall so inform the Design/Builder prior to commencement of the construction . <br /> The Design/Builder may then effect insurance which will protect the interests of the <br /> Design/Builder and the Design/ Builder' s contractors in the construction , and by <br /> appropriate Change Order the cost thereof shall be charged to the Owner . If the <br /> Design/Builder is damaged by the failure or neglect of the Owner to purchase or <br /> maintain insurance as de-scribed above , then the Owner shall bear all reasonable costs <br /> properly attributable thereto . <br /> § 7 . 3 . 4 URIess otheRmise provided , the Owner shall PUFGhase and maiRtaiR 6UGh beile <br /> R amed'Z su Feds . <br /> § 7 . 3 . 5 A loss insured under the Owner' s property insurance shall be adjusted by the <br /> Owner as fiduciary and made payable to the Owner as fiduciary for the insureds , as <br /> their interests may appear , subject to requirements of any applicable mortgagee clause <br /> and of Section 7 . 3 . 10 . The Design/ Builder shall pay contractors their shares of <br /> insurance proceeds received by the Design/ Builder , and by appropriate agreement , <br /> written where legally required for validity , shall require contractors to make payments to <br /> their subcontractors in similar manner . <br /> § 7 . 3 . 6 Before an exposure to loss may occur, the Owner shall file with the <br /> Design/Builder a copy of each policy that includes insurance coverages required by this <br /> Section 7 . 3 . Each policy shall contain all generally applicable conditions , definitions , <br /> exclusions and endorsements related to this Project . Each policy shall contain a <br /> provision that the policy will not be canceled or allowed to expire until at least 30 days ' <br /> prior written notice has been given to the Design/ Builder . <br /> § 7 . 3 . 8 The Owner and the Design/Builder waive all rights against each other and the <br /> Architect and other design professionals , contractors , subcontractors , agents and <br /> employees , each of the other , for damages caused by fire or other perils to the extent <br /> covered by property insurance obtained pursuant to this Section 7 . 3 or other property <br /> insurance applicable to the Work , except such rights as they may have to proceeds of <br /> such insurance held by the Owner as trustee . The Owner or Design/ Builder , as <br /> appropriate , shall require from contractors and subcontractors by appropriate <br /> 12 <br />
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