r �
<br /> modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the
<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 ageed in writing by all persons and entities who are
<br /> beneficisries of such insurance, untii final payment has been made as provided in Section 15.5 or until no person or
<br /> entiiy olAer than the Owner has an insurable interest in the property required by this Section 173.1 to be covered,
<br /> whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and
<br /> s�b.subcontractors in the Project.
<br /> § 17.3.2 The Ownex shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each
<br /> policy shall cartain a provision 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 Contractor waive all rights against (1) each other and any of their subcontractors,
<br /> sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate
<br /> contract�s described in Article 12, if any, and any of their subcontractor Y s�ub-�su agents and employees
<br /> for damages caused by fire or other causes of loss to the extent covered b ro e ty insurance obtained pursuant to
<br /> Section 17.3 or otha 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 Contractor, as appropria te, s h a l l r e quire of the Architect,
<br /> Arc�itod's c�sultants, separate contractors described in Article 12, if any, and the subcontractors,
<br /> sub-subcontradors, agents and employees of any of them, by appropriate agreements, written where legally required
<br /> for vaiidity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers
<br /> of subrogation by endorsement a otherwise. A waiver of subrogation shall be effective as to a person or entity even
<br /> though that person a mtity �'vould otherwise have a duty of indemnification, contractual or otherwise, did not pay the
<br /> insurance premium d'u'ed1Y a indi�'ectly, and whether or not the person or entity had an insurable interest in the
<br /> property 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 the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
<br /> appl��e mortgagee dause. 'I1ie Contractor shall pay Subcontractors their just shares of insurance proceeds received
<br /> by �e Contractor, and by appropriate agreements, written where legally required for validity, shall require
<br /> Sttbcontractors to make payments to their sub-subcontractors in similar manner.
<br /> § 17.4 PERFORMANCE BOND AND PAYMENT BOND
<br /> I�rtentionally Omitted
<br /> (paragrapitis deleted)
<br /> ARTiCLE 18 CORRECTION OF WORK
<br /> § ii.1 The Contractar 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 /> uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby,
<br /> shall be at the Contrador'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 additiai to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial
<br /> Canpletion o#'the Wak or designated portion thereof or after the date for commencement of warranties established
<br /> under Section 15.4.3, a' 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 vvritte� aeceptance of such condition. The Owner shall give such notice prompdy after discovery of the condition.
<br /> Du�tiag �e ono-year period for correction of Work, ifthe Owner fails to notify the Contractor and give the Contractor
<br /> � o�port�nzity to make the correctian, the Owner waives the rights to require correction by the Contractor and to make
<br /> a claitzt For breach of warranty.
<br /> § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in
<br /> accordance with Section 8.3.
<br /> ' AIA Document A107T"" — 2007. Copyright � 1936, 1951, 1958, 1961, 1963, 1966, 1870, 1974, 1978, 1987, 1997 and 2007 by The American Institute oi Architects. 15
<br /> Init. p�� �9hts reserved. WARNING: This AIA Doeumsnt Is proteetsd by U.3. Copy�ight L�w and Intematlonal Tnatiss. Unauthorized nprodudion or
<br /> dlstrlbuUon ot this AIA Doeument, or any portlon o( k, mry nsuR In sev�n eNll and eriminai psnakles, and wlll b� prosecut�d to the maximum �xtent
<br /> _ � possibls undsrths law. This documentwas produced by AIA software at 11:15:12 on 11/04/2011 under Order No.0875262049_1 which expires on 10/29/2012,
<br /> and is not for resale. (945440306)
<br /> User Notes:
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