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The Insurance shall provide for the cost of replacement for the <br />Work at the time of any loss. The insurance shall Include as <br />named Insureds the Owner, thmCMAR the Contractors and <br />their subcontractors and ohuU Insure against tha|noo*from the <br />perils of fire and all risk coverage for physical loss ordamage <br />due to dhaR. vonde||on, co||epum, malicious mischief, tranm|t. <br />flood, earthquake, testing, o[ damages resulting from defechVe <br />deoign, negligent workmanship or defective material. The <br />CMAR shall obtain approval from the Owner before increasing <br />any coverage due {o Increases in construction costs. <br />8.2.2 Other Prope�y Insurance <br />R�� Partial Occupancy: If the Owner occupies oruses o part <br />or parts of the Pnoject'pdorto substantial completion |bemot <br />such occupancy shall not occur until the Owner obtains <br />property insurance for the structure. <br />�.4 Notices and Recove <br />If requested by the Owner, the CMAR shall provide the Owner <br />with copies of all policies thus obtained for the Project. The <br />OMAR uho|| provide the Owner with thirty (3O) days advance <br />notice oy cancellation, non-renewal or endorsement reducing or <br />restricting coverage. <br />8.2.5 Waiver of Subrogation <br />The Owner and the CMAR waive all rights against e ach other <br />and against the Controctorn, nmnoultonts, agents and <br />employees of the .other for damages occurring during <br />construction and ouvonad by builder's risk and any property <br />insurance required for this Project, excluding the Owner's <br />property Insurance. The Owner and the CMAgoha|| each <br />require appropriate similar' waivers from their contractors, <br />consultants and agents. This waiver does not apply bdesign <br />8.3IndemIni� <br />To the fullest extent permitted by law, the CMAR shall <br />Indemnify and hold harmless the Owner, its employees, agents <br />(including the Dooigner), officers, directors and partners from <br />and against any and all damages and reasonable attorneys' <br />fees Incurred by the Owner caused or arising out of the <br />negligent acts, errors or omissions of the CMAR, or any other <br />party for whom the CMAR Is legally ||ob|e. In performance of <br />services under this A6memani The CMAR shall not be <br />required bn Indemnify any person against losses resulting from <br />27 <br />obi�each of contract m resulting from negligence, misconduct <br />or violation of laws on the part of any person indemnified <br />hereunder. <br />The OMARnhai| procure and maintain Insurance oo required <br />by and set forth |n this Agreement. <br />8.3.1 Indemnification by Designer <br />The Owner shall cause the Designer to Indemnify and hold <br />harmless the Owner, its employees, agents .and <br />representatives Uz the same extent and in the same manner <br />that the CMAR has provided Indemnification for the Owner <br />under Paragraph D.8. <br />8.3.2 Indemnification by Contractors <br />The OMAR shall cause each Contractor to indemnify and hold <br />harmless the Owner, CMARond Designer from and against <br />any and all olaima, dmnands, suVo, domageo, including <br />consequential damages and damages resulting from personal <br />Injury or property damage, nosts, and expenses and fees that <br />are asserted against the Owner, CMAR and the Designer and <br />that arise out of or result from negligent ads ur omissions. or <br />the breach of the Construction Contract by the Contractor, Its <br />omp|nynam, agents and representatives In performing the <br />8.4 Bonds <br />The CMAR shall purchase and provide 1O0% Performance and <br />Payment Bonds, which Bonds shall. comply with the <br />requirements of the General Conditions. <br />ARTICLE <br />TERMINATION AND SUSPENSION <br />81 for Convenience <br />This Agreement may bo terminated in whole m in, part bythe <br />Owner for convenience after seven (7) days written notice to <br />thaCMAR. |n the event of termination pursuant huParagraph <br />[\1. the CM8Rshall either cancel or assign to the Owner all <br />contracts with Contractors and other suppliers sd the option of <br />the Owner. The CMAR shall bo paid for the Cost uf the Work <br />performed 0a the date of termination, plus reasonable <br />hann|noUon pxpahoee payable to [bnhaotona under their <br />respective contracts, which shall each contain o termination for <br />convenience clause that limits the recovery of the Contractors <br />in the 'event cf a termination for convenience to the value ofthe <br />work actually completed by the Contractor to the date of <br />