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<br />I <br /> <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; <br /> <br />I <br /> <br />I <br /> <br />I <br /> <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); <br /> <br />I <br /> <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; <br /> <br />I <br /> <br />I <br /> <br />5. allow for partial utilization of the Work by <br /> <br />Owner; <br /> <br />6. include testing and startup; and <br /> <br />I <br /> <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. <br /> <br />I <br /> <br />I <br /> <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. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <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. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <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 <br /> <br />I <br /> <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. <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 <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. <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, 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. <br /> <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: <br /> <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 <br /> <br />I <br /> <br />04/08 <br /> <br />06-5723 <br />