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<br />and equipment in transit, and shall insure against at least
<br />the following perils or causes of loss: fire, lightning,
<br />extended coverage, theft, vandalism and malicious
<br />mischief, earthquake, collapse, debris removal,
<br />demolition occasioned by enforcement of Laws and
<br />Regulations, water damage, (other than caused by flood)
<br />and such other perils or causes of loss as may be specifi-
<br />cally required by the Supplementary Conditions;
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<br />3. include expenses i.ncurred in the repair or
<br />replacement of any insured property (including but not
<br />limited to fees and charges of engineers and architects);
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<br />4. cover materials and equipment stored at the
<br />Site or at another location that was agreed to in writing by
<br />Owner prior to being incorporated in the Work, provided
<br />that such materials and equipment have been included in
<br />an Application for Payment recommended by Engineer;
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<br />5. allow for partial utilization of the Work by
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<br />Owner;
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<br />6. include testing and startup; and
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<br />7. be maintained in effect until final payment is
<br />made unless otherwise agreed to in writing by Owner,
<br />Contractor, and Engineer with 30 days written notice to
<br />each other additional insured to whom a certificate of
<br />insurance has been issued.
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<br />B. Owner shall purchase and maintain such
<br />boiler and machinery insurance or additional property
<br />insurance as may be required by the Supplementary
<br />Conditions or Laws and Regulations which will include
<br />the interests of Owner, Contractor, Subcontractors, and
<br />Engineer, and any other individuals or entities identified
<br />in the Supplementary Conditions, and the officers,
<br />directors, partners, employees, agents, consultants and
<br />subcontractors of each and any of them, each of whom is
<br />deemed to have an insurable interest and shall be listed as
<br />an insured or additional insured.
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<br />C. All the policies of insurance (and the certifi-
<br />cates or other evidence thereot) required to be purchased
<br />and maintained in accordance with Paragraph 5.06 will
<br />contain a provision or endorsement that the coverage
<br />afforded will not be canceled or materially changed or
<br />renewal refused until at least 30 days prior written notice
<br />has been given to Owner and Contractor and to each other
<br />additional insured to whom a certificate of insurance has
<br />been issued and will contain waiver provisions in accor-
<br />dance with Paragraph 5.07.
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<br />D. Owner shall not be responsible for purchasing
<br />and 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 Supple-
<br />mentary Conditions. The risk of loss within such
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<br />identified deductible amount will be borne by Contractor,
<br />Subcontractors, or others suffering any such loss, and if
<br />any of them wishes property insurance coverage within
<br />the limits of such amounts, each may purchase and
<br />maintain it at the purchaser's own expense.
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<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
<br />be charged to Contractor by appropriate Change Order.
<br />Prior to commencement of the Work at the Site, Owner
<br />shall in writing advise Contractor whether or not such
<br />other insurance has been procured by Owner.
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<br />5.07 Waiver of Rights
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<br />A. Owner and Contractor intend that all policies
<br />purchased in accordance with Paragraph 5.06 will protect
<br />Owner, Contractor, Subcontractors, and Engineer, and all
<br />other individuals or entities identified in the Supple-
<br />mentary Conditions to be listed as insureds or additional
<br />insureds (and the officers, directors, partners, employees,
<br />agents, consultants and subcontractors of each and any of
<br />them) in such policies and will provide primary coverage
<br />for all losses and damages caused by the perils or causes
<br />of loss covered thereby. All such policies shall contain
<br />provisions to the effect that in the event of payment of
<br />any loss or damage the insurers will have no rights of
<br />recovery against any of the insureds or additional insureds
<br />thereunder. Owner and Contractor waive all rights against
<br />each other and their respective officers, directors,
<br />partners, employees, agents, consultants and
<br />subcontractors of each and any of them for all losses and
<br />damages caused by, arising out of or resulting from any of
<br />the perils or causes of loss covered by such policies and
<br />any other property insurance applicable to the Work; and,
<br />in addition, waive all such rights against Subcontractors,
<br />and Engineer, and all other individuals or entities
<br />identified in the Supplementary Conditions to be listed as
<br />insured or additional insured (and the officers, directors,
<br />partners, employees, agents, consultants and
<br />subcontractors of each and any of them) under such
<br />policies for losses and damages so caused. None of the
<br />above waivers shall extend to the rights that any party
<br />making such waiver may have to the proceeds of
<br />insurance held by Owner as trustee or otherwise payable
<br />under any policy so issued.
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<br />B. Owner waives all rights against Contractor,
<br />Subcontractors, and Engineer, and the officers, directors,
<br />partners, employees, agents, consultants and
<br />subcontractors of each and any of them for:
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<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 17
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<br />04/08
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<br />06-5723
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