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12-28-2015 Council Packet
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12-28-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/28/2015
Council Meeting Type
Regular
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members, partners, employees, agents, consultants and subcontractors of each and any of them, <br />each of whom is deemed to have an insurable interest and shall be listed as a loss payee. <br />C. All the policies of insurance (and the certificates or other evidence thereof) required to be <br />purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or <br />endorsement that the coverage afforded will not be canceled or materially changed or renewal <br />refused until at least 30 days prior written notice has been given to Owner and Contractor and <br />to each other loss payee to whom a certificate of insurance has been issued and will contain <br />waiver provisions in accordance with Paragraph 5.07. <br />D. Owner shall not be responsible for purchasing and maintaining any property insurance specified <br />in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the <br />Work to the extent of any deductible amounts that are identified in the Supplementary <br />Conditions. The risk of loss within such identified deductible amount will be borne by <br />Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes <br />property insurance coverage within the limits of such amounts, each may purchase and maintain <br />it at the purchaser's own expense. <br />E. If Contractor requests in writing that other special insurance be included in the property <br />insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such <br />insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. <br />Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor <br />whether or not such other insurance has been procured by Owner. <br />5.07 Waiver of Rights <br />A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will <br />protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities <br />identified in the Supplementary Conditions as loss payees (and the officers, directors, members, <br />partners, employees, agents, consultants, and subcontractors of each and any of them) in such <br />policies and will provide primary coverage for all losses and damages caused by the perils or <br />causes of loss covered thereby. All such policies shall contain provisions to the effect that in the <br />event of payment of any loss or damage the insurers will have no rights of recovery against any <br />of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each <br />other and their respective officers, directors, members, partners, employees, agents, consultants <br />and subcontractors of each and any of them for all losses and damages caused by, arising out of <br />or resulting from any of the perils or causes of loss covered by such policies and any other <br />property insurance applicable to the Work; and, in addition, waive all such rights against <br />Subcontractors and Engineer, and all other individuals or entities identified in the <br />Supplementary Conditions as loss payees (and the officers, directors, members, partners, <br />employees, agents, consultants, and subcontractors of each and any of them) under such <br />policies for losses and damages so caused. None of the above waivers shall extend to the rights <br />that any party making such waiver may have to the proceeds of insurance held by Owner as <br />trustee or otherwise payable under any policy so issued. <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 20 of 62 <br />00 72 05 <br />
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