specs

Document 00800
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Contractor in writing prior to commencement of the Work. The Contractor may then at its sole option effect
insurance which will protect its interest and the interest of Subcontractors in the Work, and by appropriate
Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by failure of the
Owner to purchase or maintain such insurance and to so notify the Contractor, then the Owner shall bear all
reasonable costs properly attributable thereto.
11.3.1.1 Should Owner elect to provide any materials, furniture, fixtures and/or equipment, to be installed by
Contractor, its Subcontractors or Sub-subcontractors, the cost of which is not included in the Contract Price, the
value of such materials, furniture, fixtures and/or equipment will be included in the amount of Builder's Risk
limit of liability if the Policy is to be purchased and maintained by the Owner. If the Policy is to be purchased
by the Contractor, Owner shall notify Contractor in writing prior to their delivery at the job site, the value of
such materials, furniture, fixtures and/or equipment, and same will be included in the amount of Builder's Risk
limit of liability as shown on the policy to be purchased and maintained by the Contractor. Premiums for such
insurance provided under this subparagraph shall be borne by the Owner.
11.3.1.2 Should Owner elect to have separate Contractor or Contractors install Owner furnished materials, furniture,
fixtures and/or equipment, the value of same plus installation will be covered under a policy written for this
Project, and such insurance policy shall contain an endorsement waiving the carrier's right of subrogation
against all parties to this contract, including but not limited to, Owner, Contractor, its Subcontractors and Subsubcontractors,
in accordance with Subparagraph 11.3.5 herein. (This Insurance is to cover the insurable value
of all separate contracts not included in the property insurance policy(s) purchased in accordance with Article
11.3.1 herein.) The Owner shall file a copy of the Waiver of Subrogation Endorsement, as set forth in this
Subparagraph 11.3.1.2, with the Contractor before an exposure to loss may occur. Owner, their separate
Contractor, and all sub-tier subcontractors and suppliers will be required to provide appropriate
indemnification, insurance, and waivers of subrogation as may be required by Contractor.
11.3.2 The Owner shall purchase and maintain such Boiler and Machinery (Heating, Ventilation, Air Conditioning
Equipment and other Machinery) insurance as may be required by the Contract Documents or by law. This
insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the
Work, and the Owner and Contractor shall be named insureds.
11.3.3 Any loss insured under Subparagraph 11.3.1is to be adjusted by the Owner and or Contractor and made payable
to the Owner or Contractor, as trustee for the insureds, subject to the requirements of any applicable mortgagee
clause. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the
Contractor, and by appropriate agreement, written where legally required for validity, shall require each
Subcontractor to make payments to his Subcontractors in similar manner.
11.3.4 Notwithstanding any other contract provisions, any deductibles shall be the responsibility of the Owner.
11.3.4.1 Before an exposure to loss may occur, the Owner or Contractor as appropriate shall file with the other party a
copy of each policy that includes insurance coverage required by this Paragraph 11.3. Each policy shall
contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project.
Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30
days' prior written notice has been given to the Contractor.
11.3.5 The Owner and Contractor waive all rights against (1) each other and the Subcontractors, Sub-subcontractors,
agents and employees each of the other, and separate contractors, if any, and their Subcontractors, Subsubcontractors,
agents and employees, for damages caused by fire or other perils to the extent covered by
insurance obtained pursuant to Paragraph 11.3 or any other property insurance applicable to the site where the
Work is performed, except such rights as they may have to the proceeds of such insurance held by the Owner as
the trustee. The Owner or the Contractor as appropriate shall require of the separate Contractors,
Subcontractors and Sub-subcontractors by appropriate agreements, written where legally required for validity,
similar waivers each in favor of all other parties enumerated in this Subparagraph 11.3.5. The policies shall
provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as
to a person or entity even though that person or entity would otherwise have a duty of indemnification,
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