Common use of Insurance to Protect Project Clause in Contracts

Insurance to Protect Project. 10.5.1 The Owner Contractor shall obtain and maintain property insurance in a form acceptable to the Contractor Owner upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner, Contract, Architect/Engineer, Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include “all risk” insurance for physical loss or damage including without duplication of coverage, at least: theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, earthquake, resting, and damage resulting from defective design, workmanship or material. The Owner Contractor shall increase limits of coverage, to reflect estimated replacement cost. The Owner Contractor shall be responsible for any co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policy. The cost of this insurance shall be billed to Owner outside of the contract price at Contractor’s actual price. 10.5.2 If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be cancelled or lapsed on account of partial occupancy. Consent of the Contractor to such early occupancy or use shall not be unreasonably withheld. 10.5.3 The Owner shall obtain and maintain boiler and machinery insurance as necessary. The interest of the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors shall be protected under this coverage. 10.5.4 The Owner shall purchase and maintain insurance to protect the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors against loss of use of Owner’s property due to those perils insured pursuant to Paragraph 10.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the Contractor, Architect/Engineer, Subcontractors and Subsubcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Contractor, Architect/Engineer, Subcontractors, Subsubcontractors, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the Owner shall provide the Contractor with a copy of all policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished to the Contractor. The Contractor shall be given thirty (30) days’ notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor before commencement of the Work if the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors in the Work. The Contract Price shall be increased by the cost of the insurance through Change Order. If the Contractor is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Contractor, the Owner shall bear all reasonable costs incurred by the Contractor arising from the damage.

Insurance to Protect Project. 10.5.1 12.4.1 The Owner Contractor Tenant shall obtain purchase and maintain property insurance in a form acceptable to the Contractor Owner Construction Manager upon the entire Project for the full cost of replacement at as of the time of any loss. This insurance shall include as named insureds insured the OwnerTenant, ContractLandlord, Architect/Engineerthe Construction Manager, Trade Contractors and their Trade Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverageFire, Extended Coverage, and shall include “all risk” "All Risk" insurance for physical loss or damage including including, without duplication of coverage, at least: least theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, and earthquake, resting, and damage resulting from defective design, workmanship or material. The Owner Contractor shall Tenant will increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner Contractor shall Tenant will be responsible for any co-insurance penalties or deductibles. This insurance deductibles (provided, however, that Construction Manager shall include testing with a limit pay the amount of the one thousand dollar ($10,000,0001,000) deductible to the extent that the applicable loss or claim arises from any negligence of Construction Manager or any Trade Contractor). If the Owner wishes testing limits higher than $10,000,000 Project covers an addition to or other special coverages Contractor will attempt is adjacent to include them in an existing building, the Builders Risk policy. The cost of this insurance Construction Manager, Trade Contractors and their Trade Subcontractors shall be billed to Owner outside of named as additional insurers under the contract price at Contractor’s actual priceTenant's Property Insurance covering such building and its contents. 10.5.2 12.4.1.1 If the Owner occupies Tenant finds it necessary to occupy or uses use a portion or portions of the Project prior to its Substantial CompletionCompletion thereof, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner Tenant and the Contractor Construction Manager and to which the insurance company or companies providing the property insurance have consented by endorsing endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor Construction Manager and of the insurance company or companies to such early occupancy or use shall not be unreasonably withheld. 10.5.3 12.4.2 The Owner Tenant shall obtain purchase and maintain such boiler and machinery insurance as may be required or necessary. The interest This insurance shall include the interests of the OwnerTenant, Contractorthe Construction Manager, Architect/Engineer, Trade Contractors and their Trade Subcontractors and Subsubcontractors shall be protected under this coveragein the Work. 10.5.4 12.4.3 The Owner Tenant shall purchase and maintain such insurance to as will protect the OwnerTenant, Contractor, Architect/Engineer, Subcontractors Landlord and Subsubcontractors Construction Manager against loss of use of Owner’s Tenant's and Landlord's property due to those perils insured pursuant to Paragraph 10.5Subparagraph 12. 4.1. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner Tenant, Landlord and the Contractor, Architect/Engineer, Subcontractors and SubsubcontractorsConstruction Manager, necessary labor expense expense, including overtime, loss of income by the Owner and other determined exposuresexposures approved by Tenant. Exposures of the OwnerTenant, Contractor, Architect/Engineer, Subcontractors, Subsubcontractors, Landlord and the Construction Manager shall be determined by mutual agreement with and separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the Owner 12.4.4 The Tenant shall provide the Contractor with file a copy of certificates for all such policies with the Construction Manager before an exposure to loss may occur. Copies of any subsequent endorsements shall will be furnished to the ContractorConstruction Manager. The Contractor shall Construction Manager will be given thirty sixty (3060) days’ days notice of cancellation, non-non- renewal, or any endorsements restricting or reducing coverage. The Owner If the Tenant does not intend to purchase such insurance, he shall give written notice inform the Construction Manager in writing prior to the Contractor before commencement of the Work if the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors in the Work. The Contract Price Construction Manager may then effect insurance which will protect the interest of himself, the Trade Contractors and their Trade Subcontractors in the Project, the cost of which shall be a Cost of the Project pursuant to Article 8, and the Project Construction Budget shall be increased by the cost of the insurance through Change Orderaccordingly. If the Contractor Construction Manager is damaged by failure of the Owner Tenant to purchase or maintain property such insurance or to so notify the ContractorConstruction Manager, the Owner Tenant shall bear all reasonable costs incurred by the Contractor arising from the damageproperly attributable thereto.

Insurance to Protect Project. 10.5.1 The Owner Contractor shall obtain and maintain property insurance in a form acceptable to the Contractor Owner upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner, Contract, Architect/Engineer, Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include “all risk” insurance for physical loss or damage including without duplication of coverage, at least: theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, earthquake, resting, and damage resulting from defective design, workmanship or material. The Owner 17.4.2) Contractor shall increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner . 17.4.3) Contractor shall be responsible for any co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policy. The cost of this insurance shall be billed to Owner outside of the contract price at Contractor’s actual price. 10.5.2 17.4.4) If the Owner occupies CUC intends to occupy or uses use a portion of the Project Plant prior to its the date of Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by CUC and Contractor or prior to the Owner and the Contractor and to which time the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be cancelled canceled or lapsed lapse on account of partial occupancy. Consent of the Contractor to such early occupancy or use shall not be unreasonably withheld. 10.5.3 The Owner 17.4.5) Contractor shall obtain and maintain boiler and machinery insurance as necessary. The interest interests of the OwnerCUC, Contractor, Architect/Engineer, Contractor and its Subcontractors and Subsubcontractors shall be protected under this coverage. 10.5.4 The Owner 17.4.6) Contractor shall purchase and maintain insurance to protect the OwnerCUC, Contractor, Architect/Engineer, and Subcontractors and Subsubcontractors against loss of use of Owner’s CUC's property due to those perils insured pursuant to Paragraph 10.5Section 17.1.1(e). Such policy will provide coverage for expediting the payment of expenses of for materials, continuing overhead of the Owner and the CUC, Contractor, Architect/Engineer, Subcontractors and SubsubcontractorsSubcontractors, necessary labor expense including overtime, loss of income by the Owner CUC and other determined exposures. Exposures of the OwnerCUC, Contractor, Architect/Engineer, Subcontractors, Subsubcontractors, and Subcontractors shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 17.4.7) Upon the Contractor’s requestcontract award, the Owner Contractor shall provide the Contractor CUC with a copy of all policies before an exposure to loss may occurrequired policies. Copies of any subsequent endorsements shall be furnished to the ContractorCUC. The Contractor CUC shall be given thirty (30) days’ Days' notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner . 17.4.8) Contractor shall give written notice to the Contractor CUC before commencement of the Work if the Owner C Contractor will not be obtaining property insurance. In that case, the Contractor case CUC may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors any Subcontractors in the Work. The Contract Price Contractor shall be increased by provide a change order to CUC for the cost of the insurance through Change Order. this insurance. 17.4.9) If the Contractor CUC is damaged by failure of the Owner Contractor to purchase or maintain property insurance or to so notify the ContractorCUC, the Owner Contractor shall bear all reasonable costs incurred by the Contractor CUC arising from the damage.

Insurance to Protect Project. 10.5.1 11.5.1 The Owner Contractor shall obtain and maintain property insurance in a form acceptable to the Contractor Owner upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner, ContractContractor, Architect/Engineer, Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include “"all risk” " insurance for physical loss or damage including without duplication of coverage, coverage at least: theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, earthquake, restingtesting, and damage resulting from defective design, workmanship or material. The Owner Contractor shall increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner Contractor shall be responsible for any co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policy. The cost of this insurance shall be billed to Owner outside of the contract price at Contractor’s actual price. 10.5.2 11.5.2 If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be cancelled or lapsed on account of partial occupancy. Consent of the Contractor to such early occupancy or use shall not be unreasonably withheld. 10.5.3 11.5.3 The Owner shall obtain and maintain boiler and machinery insurance as necessary. The interest interests of the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors shall be protected under this coverage. 10.5.4 11.5.4 The Owner shall purchase and maintain insurance to protect the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors against loss of use of Owner’s 's property due to those perils insured pursuant to Paragraph 10.511.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the Contractor, Architect/Engineer, Subcontractors and Subsubcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Contractor, Architect/Engineer, Subcontractors, Subcontractors and Subsubcontractors, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 11.5.5 Upon the Contractor’s 's request, the Owner shall provide the Contractor with a copy of all policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished to the Contractor. The Contractor shall be given thirty (30) days’ ' notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor before commencement of the Work if the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subcontractors and Subsubcontractors in the Work. The Contract Price cost of this insurance shall be a Cost of the Work pursuant to Article 8, and the GMP shall be increased by the cost of the insurance through Change Order. If It the Contractor is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Contractor, the Owner shall bear all reasonable costs incurred by the Contractor arising from the damage.

Insurance to Protect Project. 10.5.1 The Owner Contractor shall obtain and maintain property insurance in a form acceptable to the Contractor Owner upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner, Contract, Architect/Engineer, Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include “all risk” insurance for physical loss or damage including without duplication of coverage, at least: theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, earthquake, resting, and damage resulting from defective design, workmanship or material. The Owner Contractor shall increase limits of coverage, to reflect estimated replacement cost. The Owner Contractor shall be responsible for any co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policy. The cost of this insurance shall be billed to Owner outside of the contract price at Contractor’s actual price. 10.5.2 If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be cancelled or lapsed on account of partial occupancy. Consent of the Contractor to such early occupancy or use shall not be unreasonably withheld. 10.5.3 The Owner shall obtain and maintain boiler and machinery insurance as necessary. The interest of the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors shall be protected under this coverage. 10.5.4 The Owner shall purchase and maintain insurance to protect the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors against loss of use of Owner’s property due to those perils insured pursuant to Paragraph 10.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the Contractor, Architect/Engineer, Subcontractors and Subsubcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Contractor, Architect/Engineer, Subcontractors, Subsubcontractors, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the Owner shall provide the Contractor with a copy of all policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished to the Contractor. The Contractor shall be given thirty (30) days’ notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor before commencement of the Work if the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors in the Work. The Contract Price shall be increased by the cost of the insurance through Change Order. If the Contractor is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Contractor, the Owner shall bear all reasonable costs incurred by the Contractor arising from the damage.

Insurance to Protect Project. 10.5.1 The Owner Contractor shall obtain and maintain property insurance in a form acceptable to the Contractor Owner upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner, ContractContractor, Architect/Engineer, Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include “all risk” insurance for physical loss or damage including without duplication of coverage, at least: least theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, earthquake, resting, testing and resultant damage resulting from defective caused by design, workmanship or materialmaterials. The Owner Contractor shall increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner Contractor shall be responsible for any co-insurance penalties or deductibles. This insurance shall include coverage for testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policy. The cost of this insurance shall be billed to Owner outside of the contract price at Contractor’s actual priceand start up. 10.5.2 If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This Such insurance shall not be cancelled or lapsed on account of partial occupancy. Consent of the Contractor to such early occupancy or use shall not be unreasonably withheld. 10.5.3 The Owner shall obtain and maintain boiler and machinery insurance as necessary. The interest interests of the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors shall be protected under this coverage. 10.5.4 The Owner shall purchase and maintain insurance to protect the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors against loss of use of Owner’s property due to those perils insured against pursuant to Paragraph 10.5Section 10.5.1. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the Contractor, Architect/Engineer, Subcontractors and Subsubcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Contractor, Architect/Engineer, Subcontractors, Subsubcontractors, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the Owner shall provide the Contractor with a copy of all insurance policies before in which Contractor has an exposure interest pursuant to loss may occurthe terms of this Agreement. Copies of any subsequent endorsements shall be furnished to the Contractor. Certificates of insurance showing coverage required to be carried by Owner to be in force shall be delivered to the Contractor prior to commencement of the Work, and upon reasonable requests by the Contractor thereafter. The Contractor shall be given thirty (30) days’ notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor before commencement of the Work if the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subcontractors and Subsubcontractors in the Work. The Contract Price shall be increased by the cost of the this insurance through Change Order. If the Contractor is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Contractor, the Owner shall bear all reasonable costs incurred by the Contractor arising from the damage.

Insurance to Protect Project. 10.5.1 12.4.1 The Owner Contractor Tenant shall obtain purchase and maintain property insurance in a form acceptable to the Contractor Owner Construction Manager upon the entire Project for the full cost of replacement at as of the time of any loss. This insurance shall include as named insureds insured the OwnerTenant, ContractLandlord, Architect/Engineerthe Construction Manager, Trade Contractors and their Trade Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverageFire, Extended Coverage, and shall include “all risk” "All Risk" insurance for physical loss or damage including including, without duplication of coverage, at least: least theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, and earthquake, resting, and damage resulting from defective design, workmanship or material. The Owner Contractor shall Tenant will increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner Contractor shall Tenant will be responsible for any co-insurance penalties or deductibles. This insurance deductibles (provided, however, that Construction Manager shall include testing with a limit pay the amount of the one thousand dollar ($10,000,0001,000) deductible to the extent that the applicable loss or claim arises from any negligence of Construction Manager or any Trade Contractor). If the Owner wishes testing limits higher than $10,000,000 Project covers an addition to or other special coverages Contractor will attempt is adjacent to include them in an existing building, the Builders Risk policy. The cost of this insurance Construction Manager, Trade Contractors and their Trade Subcontractors shall be billed to Owner outside of named as additional insurers under the contract price at Contractor’s actual priceTenant's Property Insurance covering such building and its contents. 10.5.2 12.4.1.1 If the Owner occupies Tenant finds it necessary to occupy or uses use a portion or portions of the Project prior to its Substantial CompletionCompletion thereof, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner Tenant and the Contractor Construction Manager and to which the insurance company or companies providing the property insurance have consented by endorsing endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor Construction Manager and of the insurance company or companies to such early occupancy or use shall not be unreasonably withheld.. <PAGE> 10.5.3 12.4.2 The Owner Tenant shall obtain purchase and maintain such boiler and machinery insurance as may be required or necessary. The interest This insurance shall include the interests of the OwnerTenant, Contractorthe Construction Manager, Architect/Engineer, Trade Contractors and their Trade Subcontractors and Subsubcontractors shall be protected under this coveragein the Work. 10.5.4 12.4.3 The Owner Tenant shall purchase and maintain such insurance to as will protect the OwnerTenant, Contractor, Architect/Engineer, Subcontractors Landlord and Subsubcontractors Construction Manager against loss of use of Owner’s Tenant's and Landlord's property due to those perils insured pursuant to Paragraph 10.5Subparagraph 12.4.1. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner Tenant, Landlord and the Contractor, Architect/Engineer, Subcontractors and SubsubcontractorsConstruction Manager, necessary labor expense expense, including overtime, loss of income by the Owner and other determined exposuresexposures approved by Tenant. Exposures of the OwnerTenant, Contractor, Architect/Engineer, Subcontractors, Subsubcontractors, Landlord and the Construction Manager shall be determined by mutual agreement with and separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the Owner 12.4.4 The Tenant shall provide the Contractor with file a copy of certificates for all such policies with the Construction Manager before an exposure to loss may occur. Copies of any subsequent endorsements shall will be furnished to the ContractorConstruction Manager. The Contractor shall Construction Manager will be given thirty sixty (3060) days’ days notice of cancellation, non-non- renewal, or any endorsements restricting or reducing coverage. The Owner If the Tenant does not intend to purchase such insurance, he shall give written notice inform the Construction Manager in writing prior to the Contractor before commencement of the Work if the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors in the Work. The Contract Price Construction Manager may then effect insurance which will protect the interest of himself, the Trade Contractors and their Trade Subcontractors in the Project, the cost of which shall be a Cost of the Project pursuant to Article 8, and the Project Construction Budget shall be increased by the cost of the insurance through Change Orderaccordingly. If the Contractor Construction Manager is damaged by failure of the Owner Tenant to purchase or maintain property such insurance or to so notify the ContractorConstruction Manager, the Owner Tenant shall bear all reasonable costs incurred by the Contractor arising from the damageproperly attributable thereto.

Insurance to Protect Project. 10.5.1 11.5.1 The Owner Contractor Design-Builder shall obtain at its expense procure "All Risk" Builder's Risk and maintain property insurance Machinery Breakdown Insurance. Such "All Risk" Builder's Risk Insurance shall be in a form acceptable to the Contractor Owner upon the entire Project for the full cost of replacement at the time of any stated loss. This insurance shall include the Owner and the Design Builder as named insureds a Named Insured and the OwnerFinancing Parties, Contract, Architect/the Engineer, Subcontractors Subcontractors, Material Suppliers, and SubsubcontractorsSub-subcontractors as Additional Insureds. This insurance shall insure against loss from the perils of fire and extended coverage, be written on a replacement cost value basis and shall include “"all risk” " insurance for physical loss or damage including without duplication of coverage, coverage at least: theft, vandalism, malicious mischief, transit, materials stored off site, collapse, falseworkfalse-work, temporary buildings, debris removal, flood, earthquake, resting, and damage resulting from defective design, workmanship or material. If also requested by the Owner, the Design-Builder shall obtain a Builder's Risk delay in start-up and testing policy that covers plant operations for a stated period of time. The Owner Contractor shall Design-Builder may increase limits of coverage, if necessary, to reflect estimated replacement costcost at the discretion of the Design-Builder. The Owner Contractor insurance policy shall be responsible for any written without a co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policyclause. The cost of this insurance Design-Builder and Owner shall be billed to Owner outside of share the contract price responsibility for any deductible amounts at Contractor’s actual pricea 50/50 rate. 10.5.2 11.5.2 If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner necessary and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be cancelled or lapsed on account of partial occupancy. Consent of the Contractor to such early occupancy or use shall not be unreasonably withheld. 10.5.3 The Owner shall obtain and maintain boiler and machinery insurance as necessary. The interest of at the Owner's expense, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors shall be protected under this coverage. 10.5.4 The the Owner shall purchase and maintain insurance to protect the Owner, Contractorthe Design-Builder, Architect/the Engineer, Subcontractors Subcontractors, and Subsubcontractors Sub-subcontractors against loss of use of the Owner’s 's property due to those perils insured pursuant to Paragraph 10.511.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the ContractorDesign-Builder, Architect/the Engineer, Subcontractors Subcontractors, Material Suppliers and SubsubcontractorsSub-subcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Contractorthe Design-Builder, Architect/the Engineer, Subcontractors, SubsubcontractorsSubcontractors and Sub-subcontractors, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the 11.5.3 The Owner and Design-Builder shall provide the Contractor each other with a copy copies of all insurance policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished as necessary. The cost of any insurance shall be added to the Contractor. The Contractor shall be given thirty (30) days’ notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor before commencement Cost of the Work if pursuant to Article 8, and the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors in the Work. The Contract Price GMP shall be increased by the cost of the insurance through Change Order. If the Contractor is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Contractor, the Owner shall bear all reasonable costs incurred by the Contractor arising from the damage.

Insurance to Protect Project. 10.5.1 12.4.1 The Owner Contractor shall obtain and maintain property insurance to cover the replacement cost of the existing building. This policy will remain in force during all construction Work. The Design-Builder shall obtain and maintain All Risk Builders Risk insurance in a form acceptable to the Contractor Owner Owner, upon the entire Project for the full cost of replacement of the new construction at the time of any loss. This insurance shall include as named insureds the Owner, Contract, the Architect/Structural Engineer, Subcontractors the Design-Builder, Subcontractors, and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include “all risk” risk insurance for physical loss or damage including without duplication of coverage, coverage at least: theft, vandalism, malicious mischief, transit, materials stored off site, collapse, falsework, temporary buildings, debris removal, flood, earthquake, restingtesting, and damage resulting from defective design, workmanship or material. The Owner Contractor Design-Builder shall increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner Contractor insurance policy shall be written without a co-insurance clause. The Owner shall be solely responsible for any co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policy. The cost of this insurance shall be billed to Owner outside of the contract price at Contractor’s actual pricedeductible amounts. 10.5.2 12.4.2 If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which Design-Builder. Permission for partial occupancy from the insurance company or companies providing shall be included as standard in the property insurance have consented by endorsing the policy or policies. This policy, to ensure that this insurance shall not be cancelled canceled or lapsed on account of partial occupancy. Consent of the Contractor Design-Builder to such early occupancy or use shall not be unreasonably withheld. 10.5.3 12.4.3 The Owner Design-Builder shall obtain and maintain boiler and machinery insurance as necessary. The interest interests of the Owner, Contractor, the Architect/Structural Engineer, Subcontractors the Design-Builder, the Subcontractors, and Subsubcontractors shall be protected under this coverage. 10.5.4 12.4.4 The Owner shall purchase and maintain insurance to protect the Owner, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors against loss of use of Owner’s property due to those perils insured pursuant to Paragraph 10.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the Contractor, Architect/Engineer, Subcontractors and Subsubcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Contractor, Architect/Engineer, Subcontractors, Subsubcontractors, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the Owner Design-Builder shall provide the Contractor Owner with a copy evidence of all property insurance policies before an exposure to loss may occur. Copies of any policies and subsequent endorsements shall be furnished to the ContractorOwner. The Contractor Owner shall be given thirty (30) days’ days notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner cost of this insurance shall give written notice to the Contractor before commencement be a Cost of the Work if pursuant to Article 8, and the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors in the Work. The Contract Price Sum shall be increased by the cost of the insurance through Change Order. If the Contractor Owner is damaged by the failure of the Owner Design-Builder to purchase or maintain property insurance or to so notify the ContractorOwner, the Owner Design-Builder shall bear all reasonable costs incurred by the Contractor Owner arising from the damage. 12.4.5 The Design-Builder and its Subcontractors shall not have the right to self-insure against the risks covered in Subparagraph 12.4.1.

Insurance to Protect Project. 10.5.1 11.5.1 The Owner Contractor Design-Builder shall obtain at its expense procure All Risk" Builder's Risk and maintain property insurance Machinery Breakdown Insurance. Such "All Risk" Builder's Risk Insurance shall be in a form acceptable to the Contractor Owner upon the entire Project for the full cost of replacement at the time of any stated loss. This insurance shall include the Owner and the Design Builder as named insureds a Named Insured and the OwnerFinancing Parties (to the extent applicable), Contract, Architect/the Engineer, Subcontractors Subcontractors, Material Suppliers, and SubsubcontractorsSub-subcontractors as Additional Insureds. This insurance shall insure against loss from the perils of fire and extended coverage, be written on a replacement cost value basis and shall include “"all risk” " insurance for physical loss or damage including without duplication of coverage, coverage at least: theft, vandalism, malicious mischief, transit, materials stored off site, collapse, falseworkfalse-work, temporary buildings, debris removal, flood, earthquake, resting, and damage resulting from defective design, workmanship or material. If also requested by the Owner, the Design-Builder shall obtain a Builder's Risk delay in start-up and testing policy that covers plant operations for a stated period of time. The Owner Contractor shall Design-Builder may increase limits of coverage, if necessary, to reflect estimated replacement costcost at the discretion of the Design-Builder. The Owner Contractor insurance policy shall be responsible for any written without a co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policyclause. The cost of this insurance Design-Builder and Owner shall be billed to Owner outside of share the contract price responsibility for any deductible amounts at Contractor’s actual pricea 50/50 rate. 10.5.2 11.5.2 If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner necessary and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be cancelled or lapsed on account of partial occupancy. Consent of the Contractor to such early occupancy or use shall not be unreasonably withheld. 10.5.3 The Owner shall obtain and maintain boiler and machinery insurance as necessary. The interest of at the Owner's expense, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors shall be protected under this coverage. 10.5.4 The the Owner shall purchase and maintain insurance to protect the Owner, Contractorthe Design-Builder, Architect/the Engineer, Subcontractors Subcontractors, and Subsubcontractors Sub-subcontractors against loss of use of the Owner’s 's property due to those perils insured pursuant to Paragraph 10.511.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the ContractorDesign-Builder, Architect/the Engineer, Subcontractors Subcontractors, Material Suppliers and SubsubcontractorsSub-subcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Contractorthe Design-Builder, Architect/the Engineer, Subcontractors, SubsubcontractorsSubcontractors and Sub-subcontractors, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the 11.5.3 The Owner and Design-Builder shall provide the Contractor each other with a copy copies of all insurance policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished as necessary. The cost of any insurance shall be added to the Contractor. The Contractor shall be given thirty (30) days’ notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor before commencement Cost of the Work if pursuant to Article 8, and the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors in the Work. The Contract Price GMP shall be increased by the cost of the insurance through Change Order. If the Contractor is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Contractor, the Owner shall bear all reasonable costs incurred by the Contractor arising from the damage.

Insurance to Protect Project. 10.5.1 The Owner Contractor shall obtain and maintain property insurance “All Risk” Builder’s Risk Insurance in a form acceptable to the Contractor Owner Design-Builder upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner, ContractDesign-Builder, Architect/Engineer, Subcontractors and SubsubcontractorsSub-subcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include “all risk” risk insurance for physical loss or damage including without duplication of coverage, at least: theft, vandalism, malicious mischief, transit, materials stored off site, collapse, falsework, temporary buildings, debris removal, flood, earthquake, restingtesting, and damage resulting from defective design, workmanship or material. The Owner Contractor shall increase Increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner Contractor insurance policy shall be written without a coinsurance clause. The Owner shall be solely responsible for any co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policy. The cost of this insurance shall be billed to Owner outside of the contract price at Contractor’s actual pricedeductible amounts. 10.5.2 If the Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which Design-Builder. Permission for partial occupancy from the insurance company or companies providing shall be included as standard in the property insurance have consented by endorsing the policy or policies. This policy, to ensure that this insurance shall not be cancelled canceled or lapsed on account of partial occupancy. Consent of the Contractor Design-Builder to such early occupancy or use shall not be unreasonably withheld. 10.5.3 The Owner shall obtain and maintain boiler and machinery insurance as necessary. The interest interests of the Owner, ContractorDesign-Builder, Architect/Engineer, Subcontractors and Subsubcontractors Sub-contractors shall be protected under this coverage. 10.5.4 The Owner shall will purchase and maintain insurance to protect the Owner, ContractorDesign-Builder, Architect/Engineer, Subcontractors Sub-contractors and Subsubcontractors Sub-subcontractors against loss of use of Owner’s property due to those perils insured pursuant to Paragraph 10.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the ContractorDesign-Builder, Architect/Engineer, Subcontractors and SubsubcontractorsSub-subcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, ContractorDesign-Builder, Architect/Engineer, Subcontractors, Subsubcontractors, Subcontractors and Sub-subcontractors shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the The Owner shall provide the Contractor Design-Builder with a copy of all property insurance policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished to the ContractorDesign-Builder. The Contractor Design-Builder shall be given thirty (30) days’ days notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor Design-Builder before commencement of the Work if the Owner will not be obtaining property insuranceInsurance. In that case, the Contractor Design-Builder may obtain insurance in order to protect its interest in the Work Work, as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors Subcontractors and Sub-subcontractors in the Work. The Contract Price shall be increased by the cost of the this insurance through Change Order. If the Contractor Design-Builder is damaged by the failure of the Owner to purchase or maintain property insurance or to so notify the ContractorDesign-Builder, the Owner shall bear all reasonable costs incurred by the Contractor Design-Builder arising from the damage. 10.5.6 The Owner shall have the right to self-insure against the risks covered in Subparagraphs 10.5.1 and 10.5.4 upon providing evidence satisfactory to the Design-Builder of the ability to so self-insure.

Insurance to Protect Project. 10.5.1 11.5.1 The Owner Contractor Design-Builder shall obtain and maintain property insurance "All Risk" Builder's Risk Insurance in a form acceptable to the Contractor Owner upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds insured the Owner, Contract, Architect/the Engineer, Subcontractors Subcontractors, Material Suppliers and SubsubcontractorsSub-subcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include “"all risk” " insurance for physical loss or damage including without duplication of coverage, coverage at least: :(.) theft, vandalism, malicious mischief, transit, materials stored off site, collapse, falseworkfalse-work, temporary buildings, debris removal, flood, earthquake, resting, and damage resulting from defective design, workmanship or material. If requested by the Owner, the Design-Builder shall obtain a Builder's Risk start-up and testing policy that covers plant operations for a stated period of time. The Owner Contractor design-Builder shall increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner Contractor insurance policy shall be responsible for any written without a co-insurance penalties or deductibles. This insurance shall include testing with a limit of $10,000,000. If the Owner wishes testing limits higher than $10,000,000 or other special coverages Contractor will attempt to include them in the Builders Risk policyclause. The cost of this insurance Design-Builder and Owner shall be billed to Owner outside of share the contract price responsibility for any deductible amounts at Contractor’s actual pricea 50/50 rate. 10.5.2 11.5.2 If the Owner occupies or uses a portion of the Project project prior to its Substantial Completionsubstantial completion, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which Design-Builder. Permission for partial occupancy from the insurance company or companies providing shall be included as standard in the property insurance have consented by endorsing the policy or policies. This policy, to ensure that this insurance shall not be cancelled canceled or lapsed on account of partial occupancy. Consent of the Contractor Design-Builder to such early occupancy or use shall not be unreasonably withheld. 10.5.3 The Owner shall obtain 11.5.3 If necessary and maintain boiler and machinery insurance as necessary. The interest of at the Owner's expense, Contractor, Architect/Engineer, Subcontractors and Subsubcontractors shall be protected under this coverage. 10.5.4 The the Owner shall purchase and maintain insurance to protect the Owner, Contractorthe Design-Builder, Architect/the Engineer, Subcontractors Subcontractors, and Subsubcontractors Sub-subcontractors against loss of use of the Owner’s 's property due to those perils insured pursuant to Paragraph 10.511.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of the Owner and the ContractorDesign-Builder, Architect/the Engineer, Subcontractors Subcontractors, Material Suppliers and SubsubcontractorsSub-subcontractors, necessary labor expense including overtime, loss of income by the Owner and other determined exposures. Exposures of the Owner, Contractorthe Design-Builder, Architect/the Engineer, Subcontractors, SubsubcontractorsSubcontractors and Sub-subcontractors, shall be determined by mutual agreement with separate limits of coverage fixed for each item. 10.5.5 Upon the Contractor’s request, the 11.5.4 The Owner and Design-Builder shall provide the Contractor each other with a copy copies of all insurance policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished as necessary. The cost of any insurance shall be added to the Contractor. The Contractor shall be given thirty (30) days’ notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor before commencement Cost of the Work if pursuant to Article 8, and the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of the Architect/Engineer, Subcontractors, Subsubcontractors in the Work. The Contract Price GMP shall be increased by the cost of the insurance through Change Order. If the Contractor is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Contractor, the Owner shall bear all reasonable costs incurred by the Contractor arising from the damage.