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expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act
<br />or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the
<br />procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve
<br />the Contractor of any contractual obligation to provide any required coverage.
<br />§ 11.2 Owner's Insurance
<br />§ 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the
<br />endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract
<br />Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance
<br />companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.
<br />§ 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required
<br />property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the
<br />Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon
<br />receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance
<br />that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure
<br />to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In
<br />the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and
<br />Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been
<br />procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does
<br />not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or
<br />maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages
<br />attributable thereto.
<br />§ 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of
<br />the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance
<br />required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual
<br />cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the
<br />Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has
<br />been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time
<br />and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor,
<br />Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance
<br />had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall
<br />be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the
<br />Owner of any contractual obligation to provide required insurance.
<br />§ 11.3 Waivers of Subrogation
<br />§ 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors,
<br />sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3)
<br />Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages
<br />caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the
<br />Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such
<br />insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals
<br />and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and
<br />sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive
<br />claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be
<br />effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification,
<br />contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly,
<br />or (3) whether or not the person or entity had an insurable interest in the damaged property.
<br />§ 11.3.2 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 the
<br />Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in
<br />accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate
<br />property insurance.
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