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and equipment have been included in an Application for Payment recommended by <br /> Engineer; <br /> 5. allow for partial utilization of the Work by Owner; <br /> 6. include testing and startup; and <br /> 7. be maintained in effect until final payment is made unless otherwise agreed to in writing <br /> by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee <br /> to whom a certificate of insurance has been issued. The Owner shall be solely responsible <br /> for determining the adequacy and sufficiency of such Builders Risk insurance. <br /> B. Unless otherwise provided in the Contract Documents, Contractor shall purchase and maintain <br /> such boiler and machinery insurance or any other additional property insurance required by the <br /> Contract Documents or Laws and Regulations, which will include the interests of Owner, <br /> Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the <br /> Contract Documents, and the officers, directors, partners, employees, agents, consultants, and <br /> subcontractors of each and any of them, each of whom is deemed to have an insurable interest in <br /> the project and shall be listed as an insured or additional insured. <br /> C. All the policies of insurance (and the certificates or other evidence thereof) required to be <br /> purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or <br /> endorsement that the coverage afforded will not be canceled or materially changed or renewal <br /> refused until at least 60 days prior written notice has been given to Owner and Contractor and to <br /> each other loss payee to whom a certificate of insurance has been issued and will contain waiver <br /> provisions in accordance with Paragraph 5.07. <br /> D. Owner shall not be responsible for purchasing and maintaining any property insurance specified <br /> in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the <br /> Work to the extent of any deductible amounts that are identified in the Contract Documents. The <br /> risk of loss within such identified deductible amount will be borne by Contractor, <br /> Subcontractors, or others suffering any such loss, and if any of them wishes property insurance <br /> coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's <br /> own expense. <br /> E. (Intentionally deleted) <br /> 5.07 Waiver of Rights <br /> A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will <br /> protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities <br /> identified in the Supplementary Conditions as loss payees (and the officers, directors, members, <br /> partners, employees, agents, consultants, and subcontractors of each and any of them) in such <br /> policies and will provide primary coverage for all losses and damages caused by the perils or <br /> causes of loss covered thereby. All such policies shall contain provisions to the effect that in the <br /> event of payment of any loss or damage the insurers will have no rights of recovery against any <br /> of the insureds or loss payees there under. Owner and Contractor waive all rights against each <br /> other and their respective officers, directors, members, partners, employees, agents, consultants <br /> and subcontractors of each and any of them for all losses and damages caused by, arising out of <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 24 of 81 <br />