I �i
<br /> �
<br /> I
<br /> modiflcations and cost of materials supplied and installed by others, comprising total value for the entire Project at the I
<br /> site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless
<br /> otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are i
<br /> beneficiaries of such insurance, until final payment has been made as provided in Section 15.5 or untll no person or '
<br /> entity other than the Owner has an insurable interest in the property required by this Section 17.3.1 to be cwered, '
<br /> which�ver is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and ''
<br /> sub-subcontractars in the Project.
<br /> § 17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each
<br /> policy shall contain aprovision that the policy will not be canceled or allowed to expire, and that its limits will not be
<br /> reduced, until at least 30 days' prior written notice has been given to the Contractor.
<br /> § 17.3.3 The Owner and Gontractar waive all rights against (1) each other and any of their subcontractars,
<br /> sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate ;
<br /> contractors described in Article 12, if any, and any of their subcontractors, sub-subcontractors, agents and employees I
<br /> for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to �',
<br /> Section 17.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such
<br /> insurance held by the Owner as fiduciary, The Owner or Cantractor, as appropriate, shall require of the Architect,
<br /> ArchitecYs consultants, separate contractors described in Article 12, if any, and the subcontractars,
<br /> sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required
<br /> for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers j
<br /> of subrogation by endo.rsement ar otherwise. A waiver of subrogation shall be effective as to a person or entity even �
<br /> though that person or entity would otherwise have a duty of indemnificadon, contractual or otherwise, did not pay the '
<br /> insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the �
<br /> properly damaged.
<br /> § 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made
<br /> payable to tiie Owner as fiduciary for the insureds, as their interests may appear, subject to requuements of any
<br /> applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received
<br /> by the Contractor, and by appropriate agreements, written where legally required far validity, shall require
<br /> Subcontractors to make payments to their sub-subcontractors in similar manner.
<br /> § 17.4 PERFORMANCE BOND AND PAYMENT BOND
<br /> Intentionally Omiited
<br /> (Paragr•aphs deieted)
<br /> ARTICLE 18 CORRECTION OF WORK
<br /> § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements
<br /> of the Contract Docutnents, whether discovered before or after Substantial Completion and whether or not fabricated,
<br /> installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of
<br /> uncoyering and replacetnent, and compensation for the Architect's services and expenses made necessary thereby, i
<br /> shall be at the Contractor's expense, unless compensable under Section A.2.7.3 in Exhibit A, Determination of the
<br /> Cost of the Work.
<br /> § 18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial
<br /> Completion of the Work ar designated portion thereof or after the date for commencement of warranties established
<br /> under Section 15.4.3, ar by terms of an applicable special warranty required by the Contract Documents, any of the
<br /> Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it
<br /> promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor
<br /> a written acceptance of such condition. The Owner shall give such notice prompdy after discovery of the condition.
<br /> During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor
<br /> an opportunity to make the correction, the Ovmer waives the rights to require correction by the C�tractor and to make
<br /> a claim for breach of warranty,
<br /> § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Ovmer may correct it in
<br /> accordance with Section 8.3.
<br /> AIA Document A107'"' — 2007. Copyright O 1936, 1951, 1958, 1861, 1963, 1866, 1870, 1874, 1978, 1987, 1997 and 2007 by The American InsUtute of Archilects.
<br /> � All righte raserved. WARNING: This AIA Dacument ia protected by U.S. Copyright Law and International Treatiea. Unauthorized reproduction or ��
<br /> dlatributlon of thls AIA Document, ar any portlon ot k, may result In aevere civll and criminal panaltles, and wlll be proaecuted to tha maxfmum extent
<br /> � posaible underthe law. This document was produced by AIA soflware at 14:68:26 on 04/OS/2011 under Order No.4716495922_1 which expires on 10/28/2011,
<br /> and Is nol for resale.
<br /> UaerNotes: (1630881889)
<br /> I
<br /> l-
<br /> �
<br />
|