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+ • . f <br /> �^'+ ARTICLE 17 <br /> , � INSURANCE <br /> 17.1 Contractor's liability insurance shail be purchased and maintaine�d by the Contractor to protect him from claims under workers <br /> compensation acts and other employee benefrt acEs,ctaims for damages because of bodily injury,including death,and from <br /> claims for damages,other than to the Work itsetf,to property wliich may arise out of or result from fhe Contractor's operations <br /> under this Contract,whether such operations be by himself or by an Subcontractar or anyone directly or indirectly employed <br /> by any of them. Certificafes af insurance shalt be fited with the Owner prior#a the Cornr►�encetner�t af the Woric. <br /> 17.2 The Owner shall be respansible far purchasing and maintaining his own liability insuranr,�e and,at his option,may maintain <br /> such insurance as wil!protect him against claims which may anse frarri operatians under the Contrac#. <br /> 97.3 The Owner shal)purchase and mairrtain properfy insutance upon the entire Work at the site to the futl insurable vatue thereof, <br /> (Builders Risk). This insurance shall include the interests of thelOwner,the Contractor and Subcontractor in the Work and shall <br /> ir�sure agaSnst the perils of fire and extended coverage and shatl include"a11 risk"insurance far physical#oss ar damage including, <br /> without duplication of coverage,theft,vandalism and malicious mischief. <br /> 17.4 Any loss insured under Paragraph 17.3 is to be adjus#ed with the Owner and made payable to the Owner as ttustee for the <br /> insured,as#heir interests may appear,subject to the requirements of any mortgagee ctause. <br /> 17.5 The Owner shall file a capy of all policies with the Contractor before an exposure to loss may occur. <br /> 17.6 Tha t�wner and the Gontractor waive al!rights against eact=othei�for damages caused by fire ar other perils to the ex#ent covered <br /> by insurance obtained pursuant to this Article or any other property insvrance applicable fo the Work,excepf such rights as they <br /> may have#o the proceeds of such insurance held by#he Owner as trustee. The Contractor shall require similar waivers in favor <br /> af the Owner and the Cantracfor by Subcontractars. <br /> ARTICLE 18 <br /> CHAI�GES IN THE tNORK <br /> 18.1 The Owner,without invalidating the Contract,may order Changes in the Work aansisting of additions,deletians and modifications, <br /> the Con#ract Sum and the Cor�#ract Time being adjusted accordingty. All such changes in the Work shaU be authorized by <br /> Change Order between the Owner and fhe Canfractor. <br /> 18.2 Any changes required by engineering,the building department or any other govemmental agency are to be paid by#he Owner <br /> upon receipt af an invoice�rorn the Contractor. <br /> 18.3 The Contract Sum and the Contract Tirne may be changed by CF�ange Order. <br /> ;"-R;4 The cost or credit to the C�wner fram a change in the Work shall lie determined by actual cost plus overhead and profit. <br /> E "� ARTIC�E19 <br /> CdRRECTIQN�L)fi WORK <br /> 19.9 The Confractor shaf(promptiy correct any Work rejected by the Building Department as defecfive or as failing#o canform to the <br /> to the Contract Dacuments whether observed before or after Substantial Completion and whether or not fabricated,installed <br /> os completed,and shal!corred ar�►Wa►1c found to be defecbve or non-conforming withirt a period af one year from the Date of <br /> Subs#antial Completion of the Confrac�. The provisians of the Article 19 apple to Work done by Subcontractors as wetl as to <br /> Worlt done by direct employees or the Contractor. <br /> ARTICLE 20 <br /> TERMlNATION OF THE GOlVTRACT <br /> 20.1 tf the tJwner fails to make payment for a periad of thirty days(30),the Contractor may, upon seven{7}additional days written <br /> notice to the Owt�er terminate the Contract and recover fro the Owner payment for all Work executed and for any proven loss <br /> sustained upon any materials,�equipment,tools,and constructio�equipment and rr�achinery,inc�uding reasonable prafit and <br /> damages applicable to the Project. <br /> 20.2 If the Contractor defaults or persistenUy#ails or neglects to carry out the Work in accordance with the Contract Documents ar <br /> fai#s to perfarm any provisions of the Contract,the dwner may,after sever(7}days wriften notice to the Cantrac#ar and without <br /> prejudice to any other remedy he may have,make gaod such deficiencies and may deduct the cost thereof,from the payment <br /> then or#t�ereafter due the Contractor ar,at his optian,and may#erminate#he Contract and#ake possession of the site and of <br /> aN materials,equipment,toats,construcfion equipment and maci��inery therean awned by the Gontractar and may finish the Work <br /> by whatever method he may deem expedient,and if the unpaid balance af the Contract Sum exceeds the e�ense of finishing <br /> the Work,such excess shall be paid to the Gontradoc,but if such expense exceeds such unpaid balance,the Cantractar sha{I <br /> pay the difference to the Owner. <br /> r <br /> '.._� <br /> i <br /> 5 � ' <br /> � <br />