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2008-247
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2008-247
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Last modified
2/6/2026 1:00:16 PM
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 />§ 7.3.5 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 />0 111. <br />- <br />Ira <br />.. _ <br />AL a <br />.. <br />.. <br />. BUTWIAT <br />ma <br />m <br />_ . <br />_ <br />. . <br />N! - `Z <br />♦ . _ .. <br />_ . . <br />. <br />. . <br />. <br />_ <br />. _ <br />. - <br />ram ME <br />Mp <br />Mpyrp <br />i�iazr <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 />- <br />.. _ <br />AL a <br />70 <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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