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<br />otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
<br />companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
<br />would cause cancellation, lapse or reduction of insurance.
<br />§ 11.3.2 BOILER AND MACHINERY INSURANCE
<br />The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by
<br />law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;
<br />this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work,
<br />and the Owner and Contractor shall be named insureds.
<br />§ 11.3.3 LOSS OF USE INSURANCE
<br />The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss
<br />of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action
<br />against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other
<br />hazards however caused.
<br />§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other
<br />special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such
<br />insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.
<br />§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent
<br />to the site by property insurance under policies separate from those insuring the Project, or if after final payment
<br />property insurance is to be provided on the completed Project through a policy or policies other than those insuring
<br />the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section
<br />11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate
<br />policies shall provide this waiver of subrogation by endorsement or otherwise.
<br />§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that
<br />includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable
<br />conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision
<br />that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days'
<br />prior written notice has been given to the Contractor.
<br />§ 11.3.7 WAIVERS OF SUBROGATION
<br />The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -
<br />subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate
<br />contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees,
<br />for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to
<br />this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of
<br />such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the
<br />Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -
<br />subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for
<br />validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of
<br />subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even
<br />though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay
<br />the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the
<br />property damaged.
<br />§ 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made
<br />payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
<br />applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of
<br />insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for
<br />validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner.
<br />§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,
<br />give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against
<br />proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the
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<br />User Notes: (3B9ADA1 E)
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