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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 />§ 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 />FZWAkMrA <br />lip <br />_ <br />_ n. a�earrsse:rrse:erre. <br />Re- 71M <br />1 <br />NO <br />WON IM ON <br />NO <br />I <br />V-04 11 <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 />FZWAkMrA <br />. _ _ <br />_ <br />_ n. a�earrsse:rrse:erre. <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 />