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Document 00800
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contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the
person or entity had an insurable interest in the property damaged.
11.3.6 The Owner as trustee shall provide information or otherwise comply with reasonable requests in writing by any
party in interest regarding an accounting of the payment and distribution of insurance proceeds.
11.3.7 If after such loss no other special agreement is made, replacement of damaged Work shall be covered by an
appropriate Change Order.
11.3.8 If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion thereof, such occupancy shall not commence prior to the time mutually agreed to by the Owner and
Contractor and to which the insurance company or companies providing the property insurance have consented
by endorsement to the policy or policies. This insurance shall not be canceled or be allowed to lapse on account
of such partial occupancy. Consent of the Contractor and of the insurance company or companies to such
occupancy or use shall not be unreasonably withheld.
11.3.8.1 Upon occupation of a portion of the Work by Owner or any tenant of Owner, Owner shall indemnify and hold
harmless the Contractor, its Subcontractors and Sub-subcontractors for any claims for bodily injury and/or
property arising out of or in any way connected to such occupancy.
11.3.9 Owner and Contractor shall define any Risks other than those described in Subparagraph 11.3.1, 11.3.1.1,
11.3.1.2 and 11.3.2 or other special hazards, and shall, if possible, include such coverage in the Property
Insurance Policy provided per Subparagraph 11.3.1, or purchase and maintain available insurance. Such
insurance shall include, but not be limited to Ocean Open Cargo coverage. All such policies shall insure the
interests of the Owner, Contractor and its Subcontractors in the Work, and shall insure for physical loss or
damage.
Add Paragraphs 11.5, 11.6, 11.7, 11.8 and the associated subparagraphs and sub-subparagraphs as follows:
11.5 LOSS OF USE INSURANCE
11.5.1 The Owner, at his option, may purchase and maintain, such insurance as will insure Owner against loss of use
of his property including, but not limited to, loss of income, additional interim interest expense, insurance
premiums, or expenses pursuant to any agreement with tenants.
The Owner waives all rights of action against the Contractor for loss of use of his property including
consequential losses due to fire or other hazards however caused and shall cause all existing insurance policies
covering such loss(s) to be endorsed as follows:
"It is understood and agreed that the policy is hereby amended to include as additional insureds
Contractor, its Subcontractors and Sub-subcontractors, during the term of construction. It is further
understood and agreed that this Company waives all rights it may have acquired by payment of loss
hereunder against Contractor, and all tiers of Subcontractors, their agents and employees."
11.6 SUBCONTRACTORS INSURANCE
11.6.1 The following forms of insurance are required to be furnished by all Subcontractors:
A. Workers Compensation Insurance - to cover full liability under Workers Compensation Laws of the
State where the Work is performed and Employer's Liability coverage with limits of liability of:
$500,000. Each accident for bodily injury by accident
$500,000. Each employee for bodily injury by disease, subject to a policy limit of $500,000 for bodily
injury by disease.
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