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3.6. Contractors' Builder's Risk Completed Value Insurance. The <br />County will provide for each contractor entering into a Construction Contract to <br />purchase and maintain property insurance (builder's risk) upon all construction, <br />acquisition, installation and equipping of the Pledged Facility (excluding <br />contractor's tools and equipment} at the Pledged Site at the full insurable value <br />thereof. This insurance will include the Company and the Trustee as additional <br />insureds or loss payees, and will insure against "all risk" subject to standard policy <br />conditions and exclusions. The contractor will purchase and maintain similar <br />property insurance for portions of the work stored off the Pledged Site or in transit <br />when such portions of the uTork are to be included in an application for payment. <br />The contractor ~~rill be responsible for the pa~rment of any deductible amounts <br />associated with this insurance. <br />3.7. Contractors' Workers' Compensation Insurance. The County <br />will provide for each contractor entering into a Construction Contract to procure <br />and maintain w=orkers' compensation insurance during the term of such <br />Constntction Contract, covering the contractor's employees working thereunder. A <br />certificate of insurance evidencing such coverage, in farm acceptable to the County <br />and the Company, will be provided to the County and the Company uTith respect to <br />each contractor entering into a Construction Contract. Each Construction Contract <br />must also provide that each subcontractor of any contractor u~ho is a party to such <br />Constntction Contract shall be required to furnish similar v~Torkers' compensation <br />insurance. <br />3.8. Cooperation. The Company and the County will cooperate fully <br />with each other in filing any claim or proof of lass with respect to any bond or <br />insurance policy described in this Contract. In no event will the Company or the <br />County voluntarily settle, or consent to the settlement of, any proceeding arising <br />out of any claim with respect to the Financed Facilities without the other's written <br />consent. <br />ARTICLE N <br />COUNTY'S RESPONSIBILITIES <br />4.1. Care and Use. The County will use the Pledged Site and the <br />Pledged Facility in a careful and proper manner, and will keep the Pledged Site and <br />the Pledged Facility in good condition, repair, appearance and working order for <br />the purposes intended. <br />93361v2 '] <br />