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lien.If such lien remains unsatisfied after payments are made, itself, to property, which may arise out of or result from the
<br /> the Contractor shall refund to the Owner all money that the Contractor's operations.:under the Contract, whether, such
<br /> Owner may be compelled to pay in discharging such lien, operations be by.the Contractor or by a Subcontractor or any
<br /> including all costs and reasonable attorneys' fees. one directly.or indirectly employed by any of them.This insur-
<br /> W.
<br /> The making of final payment.shall constitute a waiver of ante shall be written for.not less than limits of liability.specified
<br /> g p y in the Contract Documents or required by law, whichever
<br /> claims by the Owner except those arising from: coverage is greater,and shall include contractual liability,incur-
<br /> .1 liens, claims, security,interests or encumbrances axis- ante applicable to the.Contractor's obligations under Paragraph
<br /> ing out of the Contract and.unsettled; 9.12. Certificates of such insurance shall be filed with the
<br /> .2 failure of the Work to comply with the requirements Owner.prior to the.commencement of the Work
<br /> of the Contract Documents; or -
<br /> .3 terms of special warranties required by the Contract 17.2 The Owner shall be responsible for purchasing and main-
<br /> Documents: taining the Owner's usual liability insurance. Optionally; the
<br /> Owner may purchase_and maintain other insurance for self-
<br /> Acceptance of final payment by the Contractor, a Subcontrac- protection_ against claims which may arise from operations
<br /> for or material supplier shall constitute a waiver of claims by under the Contract.The Contractor shall not be responsible for
<br /> that payee except those previously made in writing and identi- purchasing.and-maintaining this optional Owner's liability
<br /> fied by that payee as unsettled at the time of final Application insurance unless specifically required by the Contract
<br /> for Payment. _ Documents. `
<br /> 17.3 Unless otherwise provided, the Owner shall purchase
<br /> ARTICLE l6 and maintain,in a company or companies lawfully authorized
<br /> to do business in they jurisdiction in which the Project is
<br /> PROTECTION OF PERSONS AND PROPERTY located,property insurance upon the entire Work at the site to
<br /> the full insurable value thereof.This insurance shall be on an all-
<br /> 16.1 The Contractor shall be responsible for initiating, main- risk policy form and shall include interests of the Owner, the
<br /> taining, and supervising all safety precautions and programs in Contractor, Subcontractors and Sub-subcontractors-in the
<br /> connection with the performance of the Contract. The Con- Work and shall insure against the perils of fire and extended
<br /> tractor shall take reasonable precautions for safety of,and shall coverage and physical loss or damage including,without dupli-
<br /> provide reasonable protection to prevent damage,injury or loss cation of coverage;theft;vandalism and malicious mischief.
<br /> to: 17.4 A loss insured under Owner's property insurance shall be
<br /> .1 employees on the Work and other persons who may adjusted with:thc:Owner and made payable to the Owner as
<br /> be affected thereby; fiduciary for the insureds,as their interests may appear,subject
<br /> .2 the Work and materials and equipment to be incor- to the requirements of any applicable mortgagee clause.
<br /> posted therein; and 17,5 The Owner shall file a copy of each policy with the Con-
<br /> .3 other property at the site or,adjacent thereto. tractor before an exposure to loss may occur.Each policy shall
<br /> The Contractor shall give notices and comply with applicable contain a provision that the policy will not be cancelled or
<br /> laws, ordinances,Hiles,regulations and lawful orders of public allowed to expire until at least 30 days'prior written notice has
<br /> authorities bearing on safety of persons and property and their been given to the Contractor.
<br /> protection from damage, injury or loss. The Contractor shall 17,6 The Owner and Contractor waive all rights against each
<br /> promptly remedy damage and loss to property at the site other and the Architect, Architect's consultants, separate con-
<br /> caused in whole or in part-by the Contra_ctor,a Subcontractor,a tractors described in Article I2;if any,and any of their subcon-
<br /> Sub-subcontractor, or anyone directly or indirectly employed tractors, sub-subcontractors, agents and employees, for dam-
<br /> by any of them,or by anyone for whose acts they may be liable ages caused by fire or other perils to the extent covered by
<br /> and for which the Contractor is responsible under Subpara- property insurance obtained pursuant to this Article 17 or any
<br /> graphs 16.1.2 and 16.1.3,except for damage or loss attributable other property insurance applicable to the Work, except such
<br /> to acts or omissions of the Owner or Architect or by anyone for rights as they may have to the proceeds of such insurance held
<br /> whose acts either of them may be liable,and not attributable to by the Owner as fiduciary.The Contractor shall require similar
<br /> the fault or negligence of the Contractor.The foregoing obliga- waivers in favor of the Owner and the Contractor by Subcon-
<br /> tions of the Contractor are in addition to the Contractor's obli- tractors and Sub-subcontractors.The Owner shall require simi-
<br /> gations under Paragraph 9.12. lar waivers in favor of the Owner and Contractor by the Archi-
<br /> 16.2 The Contractor shall not be required to perform without tect, Architect's consultants, separate contractors described in
<br /> consent any Work relating to asbestos or polychlorinated Article 12, if any, and the subcontractors, sub-subcontractors,
<br /> biphenyl(PCB). agents and employees of any of them.
<br /> ARTICLE 17 ARTICLE 18
<br /> INSURANCE CORRECTION OF WORK
<br /> 17.1 The Contractor shall purchase from and maintain in a 18.1 The Contractor shall promptly correct Work rejected by
<br /> company or companies lawfully authorized to do business in the Architect or failing to conform to the requirements of the
<br /> the jurisdiction in which the Project is located insurance for Contract Documents, whether observed before or after Sub-
<br /> protection from claims under workers'or workmen's compen- stantial Completion and whether or not fabricated,installed or
<br /> sation acts and other employee benefit acts which are applic- completed, and shall connect any Work found to be not in
<br /> able, claims for damages because of bodily injury, including accordance with the requirements of the Contract Documents
<br /> death, and from claims for damages, other than to the Work within a period of one year from the date of Substantial Com-
<br /> AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987
<br /> 9 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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