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<br />11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or
<br />companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise, The
<br />Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without
<br />mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of
<br />insurance.
<br />
<br />11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by
<br />the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final
<br />acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors
<br />in the Work, and the Owner and Contractor shall be named insureds.
<br />
<br />11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the
<br />Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of
<br />action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards
<br />however caused.
<br />
<br />11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of
<br />loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be
<br />charged to the Contractor by appropriate Change Order.
<br />
<br />11.4.5 If during the Project construction period the Owner insures properties, real or personal or both. at or adjacent to the site
<br />by property insurance under policies separate from those insuring the Project, or if after fmal payment property insurance is to be
<br />provided on the completed Project through a policy or policies other than those insuring the Project during the construction
<br />period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.4.7 for damages caused by fire or other
<br />causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by
<br />endorsement or otherwise.
<br />
<br />11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes
<br />insurance coverages required by this Paragraph 11.4. Each policy shall contain all generally applicable conditions, definitions,
<br />exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or
<br />allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the
<br />Contractor.
<br />
<br />11.4.7 Waivers of Subrogation. The 0'1. 'Her aad CeRlfaeler waive all rigIHs against (1) eaell ether &IHl any of die if'
<br />sueeeRtfaelefS, still S\l8eafttfaelers, ageRls aB6 empleyees, eaeh of the Odll!l, aM. (2) the ..\rehiteet, Arehileet's eeRSYkaets,
<br />seplH'ate eeRlfastefS aessfigea in Artisle 6, ifaRY, aRe aRY eftlleif' suliseRtfaetefs, S\lli S\llieaRtfaetafS, IlgeRls aB6 empleyees, fer
<br />eaRl8ges eallSea liy fife or ether GIRISes ef lass te the eJaeRt severed BY prepefl:y insYfallse aBtaiRea parsuaRt te ~s PafilgFilpa
<br />11.4 er ether prepefty insw:aaee applisahle te the Wark, exeept SueR rights as they have ta pre see. af S\lek insuraaee kela hy die
<br />O'J.'Jler as f.idtieiltfY. The O'.VRer er CeRtfaeter, as apprepriate, shall fell'lire afthe .\femlee', .\fehiteet's eaRStlltaBts, seplUllte
<br />eaRRetefS 8eseriBea ill Aftiele fi, if 8RY, 8R4i the suhealNHstafS, sUB suheeiHfaetefS, ageRts aad emplayees sf aRY sf them, 'hy
<br />apprepriate agHemeRls, .!JritteR '..mere legally re~a fer '.'ali~, similar ....'ai...efS eaek ill favor ef edler panies eB1IR18Rted
<br />herein. The peIieies shall praviae suek ':l8i'/ers sf sHf9gaa9R hy eRdersemeJit sr ethefWise. h \"JIW.'er of slIhregatieR shall 'he
<br />effestive as ta a pefS9R er eRtit)' eveR the. that pefSeR ar eRaly "'9l1la atherwise ha'/e a dtHy sfilHleRJRiiieatisR, eoRtfaeNaI er
<br />edieFwise, aia Ret pay the ins1lflUlee premiwB aif'eetly er _iRedy, 8Rd vlkether sr Rat the pef59R er emit)' had 1ft instIfahle
<br />iRterest ill the prepeRy ElalHSged.The Owner and the Contractor waive all riJ:bts a~ainst each other for damaJ:es caused by perils
<br />covered by insurance provided under this Aifeement to the extent covered by such insurance except such opts as they may have
<br />to the proceeds of such insurance held by the Owner and Contractor. The Contractor shall require similar waivers from all
<br />:u~;ntractors and their sub-contractors. The Owner and Contractor waive all ri&hts a&ainst each other for loss or dama~e to any
<br />Q!l:"'ment used in cOMection with the proiect and covered by any property insurance. If the policies of insurance referred to in
<br />this Article require an endorsement to pro~ide for continued coveraJ:e where there is a waiver of subrOJ:ation. the ower of such
<br />policies will cause them to be so endorsed. failure to obtain proper endorsement nullifies the waiver of subrOJ:ation. A waiver of
<br />subrol:ation shall be effective as to a person or entity even thou~h that person or entity would otherwise have a duty of
<br />indemnification. contractual or otherwise. did not pay the insurance premium directly or indirectly. and whther or not the person or
<br />entity had an insurable interest in the pro,perty damaJ:ed.
<br />
<br />to AlA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. 1997 EDITION. AlA - COPYRIGHT 1997 - THE
<br />AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying
<br />violatcs U.S, copyright laws and wil1subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be
<br />reproduced without violation until the date of expiration as noted below. User Document: weitz 20 I city of sunny.aia - 4/312002. AlA License Number 1000746,
<br />which expires on 8/3/2002.
<br />
<br />Electronic Format A201-1997
<br />37.p ;
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