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<br />4. cover materials and equipment stored at the Site
<br />or at another location that was agreed to in writing 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;
<br />
<br />5, allow for partial utilization of the Work by
<br />OWNER;
<br />
<br />6. include testing and startup; and
<br />
<br />7. be maintained in effect Wlti] fmal payment is
<br />made unless otherwise agreed to in writing by OWNER,
<br />CONTRACTOR, and ENGINEER with 30 days wrinen
<br />notice to each other additional insured to whom a certifi-
<br />cate of insurance has been issued.
<br />
<br />B. OWNER sluill purchase and maintain such boiler and
<br />machinery insurance or additional property insurance as may
<br />be required by the Supplementary Conditions or Laws and
<br />Regulations which will include 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.
<br />
<br />C. All the policies of insurance (and the certificates or
<br />other evidence thereof) required to be purchased and
<br />JTIllint{lined in accordance with paragraph .5.06 will contain a
<br />provision or endorsement that the coverage afforded will not
<br />be canceled or materially changed or renewal refused until at
<br />least 30 days prior written notice has been given to OWNER
<br />and CONTRACfORand to each other additional insured to
<br />whom a certificate of insurance has been issued and will
<br />contain waiver provisions in accordance with paragraph 5.07.
<br />
<br />D. OWNER. shall oot be responsible for purchasing and
<br />maintaining any property insurance specified in this
<br />paragraph 5.06 to protect the interests of CONTRACTOR,
<br />Subcontractors, or others in the Work to the extent of any
<br />deductible amounts that are identified in the Supplementary
<br />Conditions. The risk of loss within such identified deductible
<br />amount will be borne by CONTRACTOR, Subcontractors,
<br />or others suffering any such loss, and if any of them wishes
<br />property insurance coverage within the limits of such
<br />amounts, each may purchase and maintain it at the
<br />purchaser's own expense.
<br />
<br />E. If CONTRACTOR requests in writing that other
<br />special insurance be included in the property insurance
<br />policies provided under paragraph 5.06, OWNER shall, if
<br />possible, include such insurance. and the cost thereof will be
<br />charged to CQN1RACTOR by appropriate Change Order or
<br />Written Amendment. Prior to commencement of the Work
<br />
<br />at the Site, OWNER shall in writing advise CONTRACTOR
<br />whether or not such other insurance has been procured by
<br />OWNER.
<br />
<br />5.07 Waiver of Rights
<br />
<br />A. OWNER and CONTRACTOR intend that all policies
<br />purchased in accordance with paragraph 5.06 will 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 />directors, 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 all losses and damages
<br />caused by the perils or causes of loss covered thereby. All
<br />such policies shall contain provisions to the effect that in the
<br />event of payment of any loss or damage the insurers will
<br />have DO rights of recovery against any of the insureds or
<br />additional insureds thereunder. OWNER and CONTRAC-
<br />TOR waive all rights against each other and their respective
<br />officers, directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of them for
<br />al] 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 property insurance applicable to the
<br />Work; and, in addition, waive all such rights against
<br />Subcontractors, ENGrNEER, ENGINEER's Consultants, and
<br />all other individuals or entities identified in the Supplemen-
<br />tary Conditions to be listed as insureds or additional insureds
<br />(and the officers, directors, partners, employees, agents, and
<br />other consultants and subcontractors of each and any of them)
<br />under such policies for losses and damages so caused. None
<br />of the above waivers sluill extend to the rights that any party
<br />making such waiver may have to the proceeds of insurance
<br />held by OWNER as trustee or otherwise payable under any
<br />policy so issued.
<br />
<br />B. OWNER waives'all rights against CONTRACfOR,
<br />Subcontractors, ENGINEER-ENGINEER's Omsultants, and
<br />the officers, directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of them for:
<br />
<br />1. loss due to business intenuption, loss of use, or
<br />other coosequentialloss extending beyond direct physical
<br />loss or damage to OWNER's property or the Work
<br />caused by, arising out of, or resulting from frre or other
<br />peril whether or not insured by OWNER; and
<br />
<br />2. loss or damage to the completed Project or part
<br />. thereof caused by, arising out of, or resulting from fue or
<br />- otl}er insured peril or cause of loss covered by any
<br />property insurance maintained on the completed Project
<br />or part thereof by OWNER during partial utiliz.ation
<br />pursuant to paragraph 14.05, after Substantial Completion
<br />
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