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1 . include the interests of OWNER, CONTRA& 5.06 to protect the interests of CONTRACTOR, Subcontractors,
<br /> TOR, Subcontractors, ENGINEER, ENGINEER's or others in the Work to the extent of any deductible amounts
<br /> Consultants, and any other individuals or entities identi- that are identified in the Supplementary Conditions. The risk of
<br /> fied in the Supplementary Conditions, and the officers, loss within such identified deductible amount will be borne by
<br /> directors, partners , employees, agents, and other CONTRACTOR, Subcontractors , or others suffering any such
<br /> consultants and subcontractors of each and any of loss, and if any of them wishes property insurance coverage
<br /> them, each of whom is deemed to have an insurable within the limits of such amounts, each may purchase and
<br /> interest and shall be listed as an additional insured; maintain it at the purchaser's own expense.
<br /> 2. 1be written on a Builder's Risk "all-risk" or open E. If CONTRACTOR requests in writing that other
<br /> peril or special causes of loss policy form that shall at special insurance be included in the property insurance policies
<br /> least include insurance for physical loss or damage to provided under paragraph 5.06, OWNER shall, if possible,
<br /> the Work, temporary buildings, false work, and materials include such insurance, and the cost thereof will be charged to
<br /> and equipment in transit, and shall insure against at CONTRACTOR by appropriate Change Order or Written
<br /> least the following perils or causes of loss: fire, lightning, Amendment. Prior to commencement of the Work at the Site,
<br /> extended coverage, theft, vandalism and malicious OWNER shall in writing advise CONTRACTOR whether or not
<br /> mischief, earthquake, collapse, debris removal, such other insurance has been procured by OWNER.
<br /> demolition occasioned by enforcement of Laws and
<br /> Regulations, water damage, and such other parts or 5.07 Waiver of Rights
<br /> causes of loss as may be specifically required by the
<br /> Supplementary Conditions; A. OWNER and CONTRACTOR intend that all policies
<br /> purchased in accordance with paragraph 5.06 will protect
<br /> 3 . include expenses incurred in the repair or OWNER, CONTRACTOR, Subcontractors, ENGINEER,
<br /> replacement of any insured property (including but not ENGINEER's Consultants, and all other individuals or entities
<br /> limited to fees and charges of engineers and architects); identified in the Supplementary Conditions to be listed as
<br /> insureds or additional insureds (and the officers, directors,
<br /> 4 . cover materials and equipment stored at the Site partners, employees, agents, and other consultants and
<br /> or at another location that was agreed to in writing by subcontractors of each and any of them) in such policies and
<br /> OWNER prior to being incorporated in the Work, will provide primary coverage for all losses and damages
<br /> provided that such materials and equipment have been caused by the perils or causes of loss covered thereby. All
<br /> included in an Application for Payment recommended such policies shall contain provisions to the effect that in the
<br /> by ENGINEER; 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 /> 5.allow for partial utilization of the Work by insureds thereunder. OWNER and CONTRACTOR waive all
<br /> OWNER; rights against each other and their respective officers, directors,
<br /> partners, employees, agents, and other consultants and
<br /> 6. include testing and startup; and 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 /> 7. 1be maintained in effect until final payment is perils or causes of loss covered by such policies and any other
<br /> made unless otherwise agreed to in writing by OWNER, property insurance applicable to the Work; and, in addition,
<br /> CONTRACTOR, and ENGINEER with 30 days written waive all such rights against Subcontractors, ENGINEER,
<br /> notice to each other additional insured to whom a certifi- ENGINEER's Consultants, and all other individuals or entities
<br /> tate of insurance has been issued. identified in the Supplementary Conditions to be listed as
<br /> insureds or additional insureds (and the officers, directors,
<br /> B. OWNER shall purchase and maintain such boiler and partners, employees, agents, and other consultants and
<br /> machinery insurance or additional property insurance as may be subcontractors of each and any of them) under such policies for
<br /> required by the Supplementary Conditions or Laws and losses and damages so caused. None of the above waivers
<br /> Regulations which will include the interests of OWNER, shall extend to the rights that any parry making such waiver may
<br /> CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's have to the proceeds of insurance held by OWNER as trustee
<br /> Consultants, and any other individuals or entities identified in or otherwise payable under any policy so issued.
<br /> the Supplementary Conditions, each of whom is deemed to
<br /> have an insurable interest and shall be listed as an insured or B. OWNER waives all rights against CONTRACTOR,
<br /> additional insured. Subcontractors, ENGINEER, ENGINEER's Consultants, and
<br /> the officers, directors, partners, employees, agents, and other
<br /> C. All the policies of insurance (and the certificates or consultants and subcontractors of each and any of them for:
<br /> other evidence thereof) required to be purchased and
<br /> maintained in accordance with paragraph 5.06 will contain a 1 . 1oss due to business interruption, loss of use, or
<br /> provision or endorsement that the coverage afforded will not be other consequential loss extending beyond direct
<br /> canceled or materially changed or renewal refused until at least physical loss or damage to OWNER's property or the
<br /> 30 days prior written notice has been given to OWNER and Work caused by, arising out of, or resulting from fire or
<br /> CONTRACTOR and to each other additional insured to whom a other peril whether or not insured by OWNER; and
<br /> certificate of insurance has been issued and will contain waiver
<br /> provisions in accordance with paragraph 5.07. 2. 1oss or damage to the completed Project or part
<br /> thereof caused by, arising out of, or resulting from fire or
<br /> D. OWNER shall not be responsible for purchasing and other insured peril or cause of loss covered by any
<br /> maintaining any property insurance specified in this paragraph property insurance maintained on the completed Project
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