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or governmental authorities,and to make changes and substitutions of materials of <br /> equal or greater quality than those specified on the Plans and Specifications. <br /> Owner agrees to pay for all changes, deviations or omissions required for the � <br /> Project. Owner further certifies that it has not relied upon the accuracy of the <br /> representations of the Contractor with respect to the Plans and Specifications. <br /> 9. SIEALEI)AT'b'I�b,I.�BII,ITY EXCLUSION_ Contractor disclaims liability for <br /> any issue, claim, or damage including, without limitation, attorney's fees, costs, and expenses <br /> arising out of or relating to combining a sealed attic system with spray foam insulation and/or a <br /> self-adhered underlayment,and Owner agrees to indemnify,defend and hold harmless Contractor <br /> for any and all damages arising out of said condition(s). <br /> 10 COI�ITRAC'I'��'S Y1VSU1tANCE. Contractor shall maintain comprehensive <br /> general and automobile liability insurance coverage and workers' compensarion insurance <br /> coverage with properly licensed insurance companies with coverage amounts, in Contractor's <br /> reasonable estimation, adequate to cover the risk exposure of the Project contemplated by this <br /> Agreement. Owner may secure additional insurance to protect itself from liability from claitns <br /> which may arise during the performance of this Agreement, and Contractor encourages Owner to <br /> do so if Owner is uncomfortable with Owner's or Contractor's existing coverages. <br /> 11. BUILI)ER'S RISK I1�ISU12.�1�TCE. Owner shall obtain,prior to performing any <br /> work under this Agreement,and shall maintain until the substantial completion of construction and <br /> final payment of the contract price,property insurance commonly refeired to as "Builder's Risk" <br /> insurance, in the amount of the full insurable value of the work performed at any point during <br /> construction, insuring on an all-risk policy form against the perils of fire and extended coverage <br /> and physical loss or damage,including coverage for theft,vandalism,and malicious mischief.This <br /> insurance shall name Owner as the insured and shall inelude Contractor and,if applicable,Owner's <br /> lender as "additional insureds." <br /> Owner is responsible for all security and protection of the Project and will be solely liable <br /> for all physical loss or damage,including loss or damage caused by theft,vandalism,and malicious <br /> mischief. <br /> 12. WAIVER OF SU�ROGA'I'ION. Owner and Contractor waive all rights against <br /> each other and any of their subcontractors,sub-subcontractors,agents and employees,for damages <br /> to the extent covered by property insurance. <br /> 13. �O1�iTRACTOR'S �EFAiJLT. Owner shall give Contractor at least three(3) <br /> � days written notice and the opportunity to�cure, or such additional time as is reasonably necessary � <br /> to cure the alleged breach,before declaring Contractor in default of this Agreement. It is Owner's <br /> responsibility to notify Contractor in writing within three(3) days (uiiless otherwise provided for <br /> in the Agreement) of the occurrence of any claim, defect, or deficiency arising out of work <br /> performed, services supplied, or materials provided by Contractor under this Agreement <br /> ("Occurrence"). Failure of the Owner to provide written notice of the Occurrence will result in the <br /> Owner waiving all claims that may be brought against Contractor because of or relating to the <br /> PO Box 271450 Tampa FL 33688-1450 � <br /> � Office: 813-264-6262 <br /> �ce rcoo�� CCC057428 CGC1523359 <br /> Owner Int. �!P�Contr Int. � J�, <br /> � Page 4 of 9 <br />