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5.8. Atl the policies of insurance (or the cc ificates or such waivcr forms are required of any Subcontractor, other evidence thereoO required [o be purchase and main- CONTRACTOR will obtain the same. tained by OWNER in accordance w•i[h paragra hs 5.6 and 5.7 will contain a provision or endorsement that t afForded will not be cancellzd or materially change e covtrage or renewal - Receipr and App(icatiort oJProceeds: refused until at Izast thirty days' prior written not ce has been 5.12. pny insured loss under the policies of insurance given to CONTRACTOR by certified mail and ill contain required by paragraphs 5.6 and 5.7 will be adjusted with waiver provisions in accordance with paragraph S.I I.?. OWNER and made payable to OWNER as Irustee for the insureds, as [heir interests may appear, subject [o the require- 5.9. OWNER shall not be responsible for pu chasing and ments of any applicable mortgage clause and of paragraph maintaining any property insurance to protect he interests S. 13. OWNER shall deposit in a separate account any money of CONTRACTOR, Subcontractors or others in the Work to so received, and shall dis[ribu[e it in accordance with such the extent of any deductible amounts that are pr vided in the agreement as the panies in irtterest may reach. If no other Supplementary Conditions. The risk of loss within the special agreemen[ is reached the damaged Work shall be deduc[ible amount, will be borne by CONTRA OR, Sub- repaired or ieplaced, the moneys so received applied on contractororochers sutfering any such loss and i any of them account thereof and the Work and the cost thereof covered wishes property insurance coverage within the I mits of such by an appropriate Change Order or Written Amendment. amounts, each may purchase and maintain it at he purchas- er's own expensa . 5.13. OWNER as trustee shatt have power to adjust and settle any loss wi[h the insurers unless one of the parties in 5.10. If CONTRACTOR requests in writin that other in[erest shall object in writing within fifteen days after the special insurance be included in the property in urance pol= - occurrence of loss to OWNER's exercise of this power. If icy, OWNER shatf, if possible, include such in urance, and such objection be made, OWNER as trustee shall make set- the cost thereof will be charged to CONTRACT R by appro- tlement with the insurers in accordance with such agreement priate Change Order or Written Amendment. rior to com- as the parties in interest may reach. IC required in writing by mencement of the Nork at the site, OWNER sh II in writing any party in interest, OWNER as trustee shall, upon the advise CONTRACTOR whe[her or not such ot er insuance occurrence of an insured loss, give bond for the proper per- has been procured by OWNER. formance of such duties. ~ Waiver ojRights: Accep(artce ojlrtsurance: 5.11.1. 0«'NERandCONTRACTORw iveallrights 5.14. If OWNER has any objection to the coverage afforded against each othcr for all losses and damag s caused by by or o[her provisions of the insurance reqcired to be pur- any of the perils covered by the policies f insurance chased and maintained by CONTRACTOR in accordance provided in response to paragraphs 5.6 and 5.7 and any with paragraphs 53 and 5.4 on the basis of its not cOmplying o[her property insurance applicable [o the W rk, and also with the Contract Documents. OWNER shall notify CON• waive all such righ[s against the Subcontra tors, ENGI- TRACTOR in writing thereof within ten days of the date of ENGiNEER's consultants and all NEER ther parties delivery of such certificates to OWNER in accordance with , named as insureds in such policies for losses nd damages paragraph 2.7. If CONTRACTOR has any objection to the so caused. As required by paragraph 6.11. ach subcon- coverage afforded by or other provisions of the policies of trac[ between CONTRACTOR and a Subc ntractor will insurancerequiredtobepurchasedandmaintainedbyONNER contain similar waiver provisions by the Su ontractor in in accordance with paragraphs 5.6 and 5.7 on the basis of favorofOWNER,CONTRACTOR,ENGIN EER.ENGI- their not complying with the Contract Documrnts. CON- NEER'sconsultantsandallotherpartiesnam dasinsureds. TRACTOR shall notify OWNER in writing thereof within ten None of the above waivers shall extend to t e rights that days of the date of delivery of such certificates to CON- any of the insured parties may have to th proceeds of TRACTOR in accordance with paragraph 2.7. OWNER and insurance held by OWNER as trustee or o herwise pay- CONTRACTOR shall each provide to the other such addi- able under any policy so issued. tional information in respett of insurance provided by each as the other may reasonably request. Faiiure by OWNER or OWNER and CONTRACTOR i 11 2 5 tend that any CONTRACTOR to give any such notice oCobjection within . . . policies provided in response [o paragraph 5.6 and 5.7 the time provided shall constitu[e xeceptance oC such insur- shall protect all of the parties insured and pr vide primary ance purchased by the other as complying with the Con[rac[ coverage for all losses and damages caused by the perils Documents. covered thereby. Accordingly, ail such poli ies shall con- [ain provisions to the efTec[ [hat in the eve t of payment Partia! U~ilizatiort-Property /asurance: of any loss or damage the insurer will hav recovery against any of the panies named no rights oC s insureds or 5.15. If OWNER finds it necessary to occupy or use a and iC the insurers re additional insureds uire separate portion or portions oC[he Work prior [o Substantial Comple- ~ ~ , waiver Corms to be signed by GNGINE R or ENGI- lion of all the Work, such use or occupancy may be accom- 10; provided that no h 14 rr ra ieh NEER's consultant OWNER will obtain th same, and if . p g pa plished in accordance w 4S