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§ 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
<br />Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in
<br />accordance with the method of binding dispute resolution selected in the Agreement between the Owner and
<br />Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for
<br />convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change
<br />in the Work in accordance with Article 7.
<br />§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in
<br />interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such
<br />objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method
<br />of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method
<br />of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute
<br />over distribution of insurance proceeds, in accordance with the directions of the arbitrators.
<br />§ 11.4 PERFORMANCE BOND AND PAYMENT BOND
<br />§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of
<br />the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically
<br />required in the Contract Documents on the date of execution of the Contract.
<br />§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment
<br />of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall
<br />authorize a copy to be furnished.
<br />ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
<br />§ 12.1 UNCOVERING OF WORK
<br />§ 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically
<br />expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the
<br />Architect's examination and be replaced at the Contractor's expense without change in the Contract Time.
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