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occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take <br />reasonable steps to obtain consent of the insurance company or companies and shall, without <br />mutual written consent, take no action with respect to partial occupancy or use that would cause <br />cancellation, lapse ar reduction of insurance. <br />11.41 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and <br />machinery insurance required by the Contract Documents or by ]aw, which shall specifically cover <br />such insured objects during installation and until Final acceptance by the Owner; this insurance <br />shall indude interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the <br />Work, and the Owner and Contractor shall be named insureds. <br />11.43 Loss of llse Insurance. The Owner, at the Owner's option, may purchase and maintain <br />such insurance as will insure the Owner against loss of use of the Owner's property due to fire or <br />other hazards, however caused. The Owner waives all rights of action against the Contractor for <br />loss of use of the Owner's property, including consequential losses due to fire or other hazards <br />however caused. <br />11.4.4 If the Contractor requests in writing that insurance for risks other than those described <br />herein or other special causes of loss be included in the property insurance policy, the Owner <br />shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor <br />by appropriate Change Order. <br />11.4.5 If during the Project construction period the Owner insures properties, real or personal or <br />both, at or adjacent to the site by property insurance under policies separate from those insuring <br />the Project, or if after final payment property insurance is to be provided on the completed Project <br />through a policy or policies other than those insuring the Project during the construction period, <br />the Owner shall waive all rights in accordance wiih the terms of Subparagraph 11.4.7 for damages <br />caused by fire or other causes of loss wvered by this separate property insurance. All separate <br />policies shall provide this waiver of subrogation by endorsement or othenvise. <br />11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contxador a copy of <br />each policy that includes insurance coverages required by this Paragraph 11.4. Each poliry shall <br />contain all generally applicable wnditions, definitions, exclusions and endorsements related to <br />this Project. Each policy shall contain a provision that the policy will not be canceled or allowed <br />to expire, and that its limits will not be reduced, until at least 3o days' prior written notice has been <br />given to the Contractor. <br />11.4J Waivers of Subrogation. The Owner and Contractor waive all rights against (i) each other <br />and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and <br />(z) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and <br />any of their subcontractors, sub-subcontractors, agents and employees, for damages taused by fire <br />or other causes of loss to the extent covered by property insurance obtained pursuant io this <br />Paragraph 11.4 or other property insurance applicable to the Work, except such rights as they have <br />II~~ to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as <br />appropriate, shall require of the Architect, ArchitecCs consultants, separate contractors described <br />in Artide 6, if any, and the subcontradors, sub-subcontradors, agents and employees of any of <br />o., ,.o <br />ao them, by appropriate agreements, written where legally required Eor validity, similar waivers eac <br />in favor of other parties enumerated herein. The policies shall provide such waivers of <br />0199] AIA@ <br />AIA DOCUMENT A2014997 subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a <br />GENERAL CONDITIONS Person or entity even though that person or entity would otherwise have a duty of indemnifica- <br />OF THE CONTRACT FOR tion, contractual or otherwise, did not pay the insurance premium directly or ind'uectly, and <br />CONSTRUCTION Whether or not the person or entity had an insurable interest in the property damaged.... <br />The American Institute <br />of Architects <br />1735 New York Avenue, N.W. m Washington, D.C. 20006-5292 ✓ <br />WARNING: Unlicensed phorocopying violates U.S. copyrlghf laws and will subJect the vlolator ro legal prosewtlon.- <br />