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The insurance shall provide for the cost of replacement for the <br />Work at the time of any loss. The insurance shall include as <br />named insureds the Owner, the CMAR, the Contractors and <br />their subcontractors and shall Insure against the loss from_ the <br />perils of fire and all risk coverage for physical loss or damage <br />due to theft vandalism. collapse, malicious mischief, transit, <br />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 Pairtiai 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 Walver of Subrogatlon <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 requited for this Project, excluding the Owner's <br />property Insurance. The Owner and the CHAR shall each <br />require appropriate similar waivers from their contractors, <br />consultants and agents. This waterer does not apply to design <br />liability. <br />8.3 Indemn <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 oejt 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 />27. <br />a breach of contractor 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 CHAR has provided Indemnification for the Owner <br />under Paragraph 8.3. <br />8.3.2 indemnification by Contractors <br />The CMAR sha11 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 nd5 <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 QQovel)lence <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 CHAR. 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 dause 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 />