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2006-389
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2006-389
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Last modified
9/1/2016 3:02:55 PM
Creation date
9/30/2015 10:17:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Migration
Approved Date
11/07/2006
Control Number
2006-389
Agenda Item Number
14.A.3.
Entity Name
Barth Construction, Inc.
Subject
Fire Station #2 - Part II Agreement
Supplemental fields
SmeadsoftID
5948
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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 /> SpeGif"Gally GGV8F SUGhinsumd objeGts during installation and until final aGGePtaRGe ey <br /> The Q_ 1AFReF and the DesigF11136ildeF shall be <br /> named wnsuFe <br /> r�meds . <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 -7 if the DesigniguildeF Fequests on writing that ' RRI IFARGPfor risks othe'r t'ha n these <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 /> agreements , written where legally required for validity, similar waivers each in favor of <br /> other parties enumerated in this Section 7 . 3 . The policies shall provide such waivers of <br /> subrogation by endorsement or otherwise . A waiver of subrogation shall be effective as <br /> 13 <br />
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