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flood, earthquake, testing, or damages resulting from defective <br />design, negligent workmanship or defective material. The <br />CMAR shall obtain approval from the Owner before increasing <br />any coverage due to increases in construction costs. <br />8.2.2 Other Property Insurance <br />[Not used.] <br />8.2.3 Partial Occupancy: If the Owner occupies or uses a part <br />or parts of the Project prior to substantial completion thereof, <br />such occupancy shall not occur until the Owner obtains <br />property insurance for the structure. <br />8.2.4 Notices and Recovery <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 />CMAR shall provide the Owner with thirty (30) days advance <br />notice of cancellation, non-renewal or endorsement reducing or <br />restricting coverage. <br />8.2.5 Waiver of Subrooation <br />The Owner and the CMAR waive all rights against each other <br />and against the Contractors, consultants, agents and <br />employees of the other for damages occurring during <br />construction and covered by builder's risk and any property <br />insurance required for this Project, excluding the Owner's <br />property insurance. The Owner and the CMAR shall each <br />require appropriate similar waivers from their contractors, <br />consultants and agents. This waiver does not apply to design <br />liability. <br />8.3 Indemni <br />To the fullest extent permitted by law, the CMAR shall <br />indemnify and hold harmless the Owner, its employees, agents <br />(including the Designer), 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 liable, in performance of <br />services under this Agreement. The CMAR shall not be <br />required to indemnify any person against losses resulting from <br />a breach of contract or resulting from negligence, misconduct <br />or violation of laws on the part of any person indemnified <br />hereunder. <br />The CMAR shall procure and maintain insurance as required <br />by and set forth in 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 to the same extent and in the same manner <br />that the CMAR has provided indemnification for the Owner <br />under Paragraph 8.3. <br />8.3.21ndemnification by Contractors <br />The CMAR shall cause each Contractor to indemnify and hold <br />harmless the Owner, CMAR and Designer from and against <br />any and all claims, demands, suits, damages, including <br />consequential damages and damages resulting from personal <br />injury or property damage, costs, 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 acts or omissions or <br />the breach of the Construction Contract by the Contractor, its <br />employees, agents and representatives in performing the <br />Work. <br />8.4 Bonds <br />The CMAR shall purchase and provide 100% Performance and <br />Payment Bonds, which Bonds shall comply with the <br />requirements of the General Conditions. <br />ARTICLE 9 <br />TERMINATION AND SUSPENSION <br />9.1 Termination for Convenience <br />This Agreement may be terminated in whole or in part by the <br />Owner for convenience after seven (7) days written notice to <br />the CMAR. In the event of termination pursuant to Paragraph <br />9.1, the CMAR shall either cancel or assign to the Owner all <br />contracts with Contractors and other suppliers at the option of <br />the Owner. The CMAR shall be paid for the Cost of the Work <br />performed to the .date of termination, plus reasonable <br />termination expenses payable to Contractors under their <br />respective contracts, which shall each contain a termination for <br />convenience clause that limits the recovery of the Contractors <br />in the event of a termination for convenience to the value of the <br />work actually completed by the Contractor to the date of <br />termination, with no recovery of lost profit or other damages for <br />wrongful termination of contract. In addition, the CMAR shall <br />be paid all of its allowable General Conditions costs to the date <br />of termination, including all termination expenses. Termination <br />27 <br />