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<br />4. COYCf IDIlCrials IDd equipmeDl stored at the Site
<br />or at another location that was agreed to in writin& 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 by
<br />ENGINEER;
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<br />n 5. allow for paniaJ utilization of the Worle by
<br />OWNER;
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<br />6. include testing and startup; and
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<br />7. be maintained in effect until fmal payment is
<br />made unless otherwise agreed to in writing by OWNER,
<br />CONTRACTOR, and ENGINEER with 30 days written
<br />noticc to each other additional insured 10 whom a cenifi-
<br />cate of insurance has been issued.
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<br />B. OWNER sbal1 pwdwc IDd m2!linr..m such boiler and
<br />1I'2!lt"-hiDery iDsuraDcc or additioaal property insurance as may
<br />be required by me Supplemeatary Conditions -or Laws and
<br />Regulatioos which will iDclude the interests of OWNER,
<br />CONTRACTOR, Subcontractors, ENGINEER,
<br />ENGINEER's Consultants, and any other individuals or
<br />entities identified in the Supplementary Conditions, each of
<br />whom is deemed to have an insurable interest and shall be
<br />listed as an insured or additional insured.
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<br />C. All the policies of insurance (and the ccnificateS or
<br />other evideDce thereof) required to be purchased and
<br />ntllifttllmM in accordance with paragraph 5.06 will contain a
<br />pRMsioD. or eodorscmeDl tbal d1c coverage afforded will DOt
<br />be c:m:ded or materiaJly chsanr' or renewal refused until at
<br />leIst 30 days prior writtal DOtice has been given to OWNER
<br />and CON1'RACI'OR'and to each ocher additioaal insured to
<br />whom a cenificate of iDsunacc has bceD issued and will
<br />u COIdIin waiver pn:Msiaas ill ICCOrdaDce wiIh parI8I'IIi1 s.m.
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<br />D. OWNER.1haIl DOt be rcspcmsible for .purcbasin& aDd' .
<br />IPlIintll;ning any property iDsuraDce spectfaed ill dUs'
<br />paragraph 5.06 to prated the interests of CONTRACTOR,
<br />SubcontractOrs, or others in me Work to the eXteDt of any
<br />LJ declucu"ble IUIlOUDtS that are ideDtified in the Supplemeawy
<br />CoaditiOQS. The risk of loss within such identified deductible
<br />n IUDOUIIl will be borDe by CONTRACTOR. SubcontraCtOl'S,
<br />or others sufferiDg any such loss, and if any of them wishes
<br />LJ property iDsuraDce coverage within die limits of such
<br />aJDOQDtl, each may purcbase and m.inrllin it at d1e
<br />n purcbascr's own expease.
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<br />E. If CONTRACTOR rcqucsu in 'WI'itiD& dial otbcr
<br />n special insurIace be iDcluded in the property iDsurIIIce .
<br />u policies provided under parIII'IPh 5.06, OWNER sball, if
<br />oossible. include such iDsuraDce, aDd rbe cost tbeRof will be
<br />n ~ to CONTRACI'OR by 1IW1"i"'We OwJge Order or
<br />WriUeo ~lIV'!nt Prior to com-~ of the Work
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<br />at the Site, OWNER shall in writing advise CONTRACTOR
<br />whether or nol such other insurance bas been prOCW'Cd by
<br />OWNER.
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<br />5.07 Waiver of Rights
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<br />A. OWNER and CONTRACTOR iDIcDd that all policies
<br />purchased in accordancc with paragraph 5.06 wUl protect
<br />OWNER, CONTRACTOR, Subcontractors, ENGINEER,
<br />ENGINEER's Consultants, and all other individuals or
<br />entities identified in the Supplementary Conditions to be
<br />listed as insureds or additional insureds (and the officers,
<br />di.rectors, partners, employees, agents, and other consultants
<br />and subcontraCtors of each and any of them) in such policies
<br />and will provide primary coverage for a1l1osscs aDd damages
<br />caused by the perils or causes of .loss covered .thereby. All
<br />such policies shall contain provisions 10 the effect that in the
<br />event of payment of any 'loss 'or damage tbe insurers will
<br />have DO rights of recovery against any of the insureds or
<br />additional insureds thereunder. OWNER and CONTRAC-
<br />TOR wai~ all rights against each otber and their respective
<br />officers, clirectors, panners. employees. agents, aud other
<br />consultants and subcontraCtors of each and any of them for
<br />all losses and damages caused by. arising out. of or resulting
<br />from any of the perils or causes of loss covered by such
<br />policies and any other propcny insurance applicable to the
<br />Work; and, in addition, waive all such rights against
<br />SubcontraCtors, ENGINEBR. ENGINEER's CoDsultaDtS, and
<br />all other individuals or entities identified in ~ Supplemen-
<br />tary Conditions to be lislcd as insureds or additional insureds
<br />(and the officem, directors, partDCrs, employees, agents, and .
<br />other consultaldS aud IUbccmttacfors at each aDd any of cbem)
<br />under such policies for losses aDd damaaes 10 caused. None
<br />of Ibe abcm: waivers Ibal1 extcad to the rights that any party
<br />mlln"l such waiver may baveto d1e proceeds of iDsurance
<br />held by OWNER IS truStee or otherwise payable UDder any
<br />policy 10 issuecL
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<br />': B. . OWNER waives 'all rialds qaiDst CONTRACTOR.
<br />Subcontractors~ ENGINBBR. 'ENGINEER's ConsuJtsmk, and
<br />the offacen. din:c:toa, partacrI, employees, ascots, aDd other
<br />consultants and subcontractors of each ana any of them for:
<br />
<br />1. loss due to busiDess inrerruption. loss of use, or
<br />other consequential loss ern-Mi"B beyond direct physical
<br />loss or damqe to . OWNER's property or the Work
<br />caused by, arisiD& out of, or resulting from fzre or other
<br />perU whetber or DOt iDswed by OWNER; aDd
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<br />2. loss or damage to the completed Project or pan
<br />~ Ibereof caused by, IrisiDg out of, or IaUJring frvm fiR or
<br />Of\aa' iDsurecI peril or cause of loa covered by any
<br />propeny insuraDce 1"'_lnt.ilV'llf OIl the compleu=d Project
<br />or pan thereof by OWNER dwiDa parda111tUWJltinn
<br />pursuant to paragraph 14.05, after SubsnantiAl Completion
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