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6.06 Waiver of Rights
<br />A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's
<br />risk policy, shall contain provisions to the effect that in the event of payment of any loss or
<br />damage the insurers will have no rights of recovery against any insureds thereunder, or
<br />against Engineer or its consultants, or their officers, directors, members, partners,
<br />employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights
<br />against each other and the respective officers, directors, members, partners, employees,
<br />agents, consultants, and subcontractors of each and any of them, for all losses and
<br />damages caused by, arising out of, or resulting from any of the perils or causes of loss
<br />covered by such policies and any other property insurance applicable to the Work; and, in
<br />addition, waive all such rights against Engineer, its consultants, all Subcontractors, all
<br />individuals or entities identified in the Supplementary Conditions as insureds, and the
<br />officers, directors, members, partners, employees, agents, consultants, and subcontractors
<br />of each and any of them, under such policies for losses and damages so caused. None of
<br />the above waivers shall extend to the rights that any party making such waiver may have to
<br />the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise
<br />payable under any policy so issued.
<br />B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
<br />directors, members, partners, employees, agents, consultants and subcontractors of each
<br />and any of them, for:
<br />1. loss due to business interruption, loss of use, or other consequential loss extending
<br />beyond direct physical loss or damage to Owner's property or the Work caused by,
<br />arising out of, or resulting from fire or other perils whether or not insured by Owner;
<br />and
<br />2. loss or damage to the completed Project or part thereof caused by, arising out of, or
<br />resulting from fire or other insured peril or cause of loss covered by any property
<br />insurance maintained on the completed Project or part thereof by Owner during
<br />partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion
<br />pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.
<br />C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss
<br />referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of
<br />payment of any such loss, damage, or consequential loss, the insurers will have no rights of
<br />recovery against Contractor, Subcontractors, or Engineer, or the officers, directors,
<br />members, partners, employees, agents, consultants, or subcontractors of each and any of
<br />them.
<br />D. Contractor shall be responsible for assuring that the agreement under which a
<br />Subcontractor performs a portion of the Work contains provisions whereby the
<br />Subcontractor waives all rights against Owner, Contractor, all individuals or entities
<br />identified in the Supplementary Conditions as insureds, the Engineer and its consultants,
<br />and the officers, directors, members, partners, employees, agents, consultants, and
<br />subcontractors of each and any of them, for all losses and damages caused by, arising out
<br />of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk
<br />insurance and any other property insurance applicable to the Work.
<br />6.07 Receipt and Application of Property Insurance Proceeds
<br />A. Any insured loss under the builder's risk and other policies of insurance required by
<br />Paragraph 6.05 will be adjusted and settled with the named insured that purchased the
<br />EJCDC® C-700, Standard General Conditions of the Construction Contract.
<br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,
<br />and American Society of Civil Engineers. All rights reserved. Page 25 of 65
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