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definitions, exclusions and endorsemenu related to this
<br />Project. Each policy shali contain a provision that the policy
<br />will not be cancelled or allowed to expire until at least 30
<br />~iays' prior written notice has been given to the Contractor.
<br />11.3.7 Waivers of Subrogation. The Owner and
<br />Contractor waive all rights against (1) each other and any of
<br />their subcontractors, sub-subcontractors, agents and
<br />employees, each of the other, and (2) the Architect,
<br />Architect's consultants, separate contractors described in
<br />Article 6, if any, and any of their subcontractors,
<br />sub-subcontractors, agents and employees, for damages
<br />caused by fire or other perils to the extent covered by
<br />property insurance obtained pursuant to this Paragraph 11.3
<br />or other propecty insurance appiicable to the Work, except
<br />such rights as they have to proceeds of such insurance heid by
<br />the Owner as fiduciary. The foreeoing waiver afforded the
<br />Architect, its consultants, a ents and emalovees or ~ of
<br />them shall not extend to the liabili imnosed ~
<br />Subaaragraph 3.18.3.
<br />The Owner or Contractor, as appropriate, shall require of the
<br />Architect, Architect's consultants, separate contractors
<br />described in Article 6, if any, and the subcontractors,
<br />sub-subcontractors, agents and employees of any of them, by
<br />appropriate agreemenu, written where legally required for
<br />validity, similar waivers each in favor of other parties
<br />enumerated herein. The policies shall provide such waivers
<br />of subrogation by endorsement or otherwise. A waiver of
<br />~ubrogation shall be effective as to a person or entity even
<br />though that person or entity would otherwise have a dury of
<br />indemnification, contractual or otherwise, did not pay the
<br />insurance premium directly or indirectly, and whether or not
<br />the person or entiry had an insunble interest in the property
<br />damaged.
<br />11.3.8 A loss insured under Owner's property insurance
<br />shall be adjusted by the Owner as fiduciary and made payable
<br />to the Owner as fiduciary for the insureds, as their interests
<br />may appear, subject to requirements of any applicable
<br />mortgagee clause and of Subparagraph 113.10. The
<br />Contractor shall:-pay Subcontractors their just shares of
<br />insurance proceeds received by the Contractor, and by
<br />appropriate agreements, written where legally required for
<br />validity, shall require Subcontractors to make payments to
<br />their Sub-subcontractors in similar manner.
<br />11.3.9 If required in writing by a party in interest, the
<br />Owner as-f~eia~} shall, upon occurrence of an insured loss,
<br />give bond for proper performance of the Owner's duties. The
<br />cost of required bonds shall be charged against proceeds
<br />received~s~. The Owner shall deposit in a separate
<br />account proceeds so received, which the Owner shall
<br />distribute in accordance with such agreement as the partie~:`in
<br />interest may reach,
<br />4-5. If after such loss no other special agreement is made,
<br />replacement of damaged property shall be covered by
<br />appropriate Change Order.
<br />11.3.10 The Owner as~~ shall have power to adjust
<br />and settle a loss with insurers unless one of the parties in
<br />interest shall object in writing within five days after
<br />occurrence of loss to the Owner's exercise of this power; if
<br />such objection be made, arbitrators shall be chosen as
<br />provided in Paragraph 4.5. ~#e-8~~-as~sia~~}~~
<br />~aE ~ase; -r~a~e ~ -~} ~$ ~ ~sse~a~e -w+~k~
<br />~estie~s ~€ -st~s#~ ~s- - -~€ ~}e~ -e€ -i~s~e--
<br />~esee~s ~ ~ ~s ~e~a-~e~; -t~e ~efs ~v+~4 ~es~
<br />st~s~~e~-If such obiection be made, the Owner shall
<br />not make ~ settlement with resaect to such loss until a
<br />resolution has been reached ~ a~reement between such
<br />parties in interest and the insurers or bv a court of competent
<br />iurisdiction.
<br />11.3.11 Partial occupancy or use in accordance with
<br />Paragraph 9.9 shall not commence until the insurance
<br />company or companies providing property insurance have
<br />consented to such partial occupancy or use by endorsement or
<br />othenvise. The Owner and the Contractor shall take
<br />reasonable steps to obtain consent of the insurance company
<br />or companies and shall, without mutual written consent, take
<br />no action with respect to partial occupancy or use that would
<br />cause cancellation, lapse or reduction of insurance.
<br />11.4 PERFORMANCE BOND AND PAYMENT
<br />BOND
<br />11.4.1 ~ke ~~ ~a.}~ -~a~e .~e -~g#~ ~e ~e -~e-
<br />6er~as~~e~ist~~et~s~e~i~~.t}~er~e~se~€-
<br />s~la~e~~r~~g-~~e~e~s-ef-~~-~e~-~-
<br />~e ~ -Bes~e~s -ee -~e -~e -e€ ~es~ie~ -e€ -t~e-
<br />6e~as~----Contractor shall furnish to Owner and keen in
<br />force durin¢ the term of the Contract_performance and labor
<br />and material pavment bonds euaranteeing that the Contractor
<br />will ep rform its oblieations under the Contract and will nav
<br />for all labor and materials furnished for the Work. _ Such
<br />bonds shall be issued in a form and~ a sure reasonablv
<br />accentable to Owner, shall be submitted to Owner for
<br />aaaroval as to form, shall name the Owner and its lender as
<br />obli ees and shall be in an amount eQUal to at least 100% of
<br />the Contract Sum {as the same mav be adiusted from time to
<br />time pursuant to the Contract)._ The Contractor shall deliver
<br />t_he executed, approved bonds to the Owner within seven davs
<br />Owner-Contractor Agreement General Conditions Supplement (For AIA Doc. A201)
<br />~Paqe - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Page #;~
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