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.-
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