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1.include the interests of OWNER, CONTRAC-
<br />TOR, Subcontractors, ENGINEER, ENGINEER's
<br />Consultants, and any other individuals or entities identi-
<br />fied in the Supplementary Conditions, and the officers,
<br />directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of
<br />them, each of whom is deemed to have an insurable
<br />interest and shall be listed as an additional insured;
<br />2.be written on a Builder's Risk "all-risk" or open
<br />peril or special causes of loss policy form that shall at
<br />least include insurance for physical loss or damage to
<br />the Work, temporary buildings, false work, and materials
<br />and equipment in transit, and shall insure against at
<br />least the following perils or causes of loss: fire, lightning,
<br />extended coverage, theft, vandalism and malicious
<br />mischief, earthquake, collapse, debris removal,
<br />demolition occasioned by enforcement of Laws and
<br />Regulations, water damage, and such other parts or
<br />causes of loss as may be specifically required by the
<br />Supplementary Conditions;
<br />3.include expenses incurred in the repair or
<br />replacement of any insured property (including but not
<br />limited to fees and charges of engineers and architects);
<br />4.cover materials and equipment stored at the Site
<br />or at another location that was agreed to in writing by
<br />OWNER prior to being incorporated in the Work,
<br />provided that such materials and equipment have been
<br />included in an Application for Payment recommended
<br />by ENGINEER;
<br />5.allow for partial utilization of the Work by
<br />OWNER;
<br />6.include testing and startup; and
<br />7.be maintained in effect until final payment is
<br />made unless otherwise agreed to in writing by OWNER,
<br />CONTRACTOR, and ENGINEER with 30 days written
<br />notice to each other additional insured to whom a certifi-
<br />cate of insurance has been issued.
<br />B. OWNER shall purchase and maintain such boiler and
<br />machinery insurance or additional property insurance as may be
<br />required by the Supplementary Conditions or Laws and
<br />Regulations which will include the interests of OWNER,
<br />CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
<br />Consultants, and any other individuals or entities identified in
<br />the Supplementary Conditions, each of whom is deemed to
<br />have an insurable interest and shall be listed as an insured or
<br />additional insured.
<br />C. All the policies of insurance (and the certificates or
<br />other evidence thereof) required to be purchased and
<br />maintained in accordance with paragraph 5.06 will contain a
<br />provision or endorsement that the coverage afforded will not be
<br />canceled or materially changed or renewal refused until at least
<br />30 days prior written notice has been given to OWNER and
<br />CONTRACTOR and to each other additional insured to whom a
<br />certificate of insurance has been issued and will contain waiver
<br />provisions in accordance with paragraph 5.07.
<br />D. OWNER shall not be responsible for purchasing and
<br />maintaining any property insurance specified in this paragraph
<br />5.06 to protect the interests of CONTRACTOR, Subcontractors,
<br />or others in the Work to the extent of any deductible amounts
<br />that are identified in the Supplementary Conditions. The risk of
<br />loss within such identified deductible amount will be borne by
<br />CONTRACTOR, Subcontractors, or others suffering any such
<br />loss, and if any of them wishes property insurance coverage
<br />within the limits of such amounts, each may purchase and
<br />maintain it at the purchaser's own expense.
<br />E. If CONTRACTOR requests in writing that other
<br />special insurance be included in the property insurance policies
<br />provided under paragraph 5.06, OWNER shall, if possible,
<br />include such insurance, and the cost thereof will be charged to
<br />CONTRACTOR by appropriate Change Order or Written
<br />Amendment. Prior to commencement of the Work at the Site,
<br />OWNER shall in writing advise CONTRACTOR whether or not
<br />such other insurance has been procured by OWNER.
<br />5.07 Waiver of Rights
<br />A. OWNER and CONTRACTOR intend that all policies
<br />purchased in accordance with paragraph 5.06 will protect
<br />OWNER, CONTRACTOR, Subcontractors, ENGINEER,
<br />ENGINEER's Consultants, and all other individuals or entities
<br />identified in the Supplementary Conditions to be listed as
<br />insureds or additional insureds (and the officers, directors,
<br />partners, employees, agents, and other consultants and
<br />subcontractors of each and any of them) in such policies and
<br />will provide primary coverage for all losses and damages
<br />caused by the perils or causes of loss covered thereby. All
<br />such policies shall contain provisions to the effect that in the
<br />event of payment of any loss or damage the insurers will have
<br />no rights of recovery against any of the insureds or additional
<br />insureds thereunder. OWNER and CONTRACTOR waive all
<br />rights against each other and their respective officers, directors,
<br />partners, employees, agents, and other consultants and
<br />subcontractors of each and any of them for all losses and
<br />damages caused by, arising out of or resulting from any of the
<br />perils or causes of loss covered by such policies and any other
<br />property insurance applicable to the Work; and, in addition,
<br />waive all such rights against Subcontractors, ENGINEER,
<br />ENGINEER's Consultants, and all other individuals or entities
<br />identified in the Supplementary Conditions to be listed as
<br />insureds or additional insureds (and the officers, directors,
<br />partners, employees, agents, and other consultants and
<br />subcontractors of each and any of them) under such policies for
<br />losses and damages so caused. None of the above waivers
<br />shall extend to the rights that any parry making such waiver may
<br />have to the proceeds of insurance held by OWNER as trustee
<br />or otherwise payable under any policy so issued.
<br />B. OWNER waives all rights against CONTRACTOR,
<br />Subcontractors, ENGINEER, ENGINEER's Consultants, and
<br />the officers, directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of them for:
<br />1.1oss due to business interruption, loss of use, or
<br />other consequential loss extending beyond direct
<br />physical loss or damage to OWNER's property or the
<br />Work caused by, arising out of, or resulting from fire or
<br />other peril whether or not insured by OWNER; and
<br />2.1oss or damage to the completed Project or part
<br />thereof caused by, arising out of, or resulting from fire or
<br />other insured peril or cause of loss covered by any
<br />property insurance maintained on the completed Project
<br />00700 General Conditions (EICDC).doc
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