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8.2.2 Other Prooerty 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 Recoverv <br />If requested by the Owner, the CM shall provide the Owner with <br />copies of all policies thus obtained for the Project. The GM <br />shall provide the Owner with thirty (30) days advance notice of <br />cancellation, non-renewal or endorsement reducing or <br />restricting coverage. <br />8.2.5 Waiver of Subrogation <br />The Owner and the CM waive all rights against each other and <br />against the Contractors, consultants, agents and employees of <br />the other for damages occurring during construction and <br />covered by builder's risk and any property insurance required <br />for this Project, excluding the Owner's property insurance. The <br />Owner and the GM shall each require appropriate similar <br />waivers from their contractors, consultants and agents. This <br />waiver does not apply to design liability. <br />8.3 Indemnity <br />To the fullest extent permitted by law, the GM shall indemnify <br />and hold harmless the Owner, its employees, agents (including <br />the Designer), officers, directors and partners from and against <br />any and all damages and reasonable attorneys' fees incurred <br />by the Owner caused or arising out of the negligent acts, errors <br />or omissions of the CM, or any other party for whom the CM is <br />legally liable, in performance of services under this Agreement. <br />The CM shall not be required to indemnify any person against <br />losses resulting from a breach of contract or resulting from <br />negligence, misconduct or violation of laws on the part of any <br />person indemnified hereunder. <br />The CM shall procure and maintain insurance as required by <br />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 CM has provided indemnification for the Owner under <br />Paragraph 8.3. <br />8.3.2 Indemnification by Contractors <br />The GM shall cause each Contractor to indemnify and hold <br />harmless the Owner, CM and Designer from and against any <br />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, CM and the Designer and that <br />arise out of or result from negligent acts or omissions or the <br />breach of the Construction Contract by the Contractor, its <br />employees, agents and representatives in pertorming the <br />Work. <br />8.4 Bonds <br />The CM shall purchase and provide 100% Pertormance and <br />Payment Bonds, which Bonds shall comply with the <br />requirements of the North Carolina General Conditions. <br />ARTICLE 9 <br />TERMINATION AND SUSPENSION <br />9.1 Termination for Convenience <br />[Not used] <br />9.2 Termination for Default <br />This Agreement may be terminated by either party hereto upon <br />seven (7) days written notice should the other party fail <br />substantially to pertorm in accordance with the terms hereof <br />through no fault of the terminating party or if the Project in <br />whole or substantial part is stopped for a period of one hundred <br />twenty (120) consecutive days under an order of any court or <br />other public authority having jurisdiction or as a result of an act <br />of government. Without in any way limiting the scope of this <br />Paragraph 9.2, the Owner may terminate this Agreement if the <br />CM fails to begin or complete the Work within the time specified <br />for completion in this Agreement, or shall perform the Work <br />unsuitably or shall discontinue the prosecution of the Work for <br />three (3) consecutive days, or if the CM shall become insolvent, <br />be declared bankrupt, commit any act of bankruptcy or <br />insolvency, allow any final judgment to stand against the CM or <br />its affiliated companies unsatisfied for a period of forty-eight <br />(48) hours, make an assignment for the benefit of creditors, or <br />for any other cause whatsoever shall not carry on the Work in <br />24 <br />