ITS OBLIGATIONS OR
LIABILITIES HEREUNDER, SHALL OBTAIN AND MAINTAIN THE FOLLOWING INSURANCE WITH
LIMITS NOT LESS THAN THOSE INDICATED. CONSTRUCTION MANAGER SHALL PROCURE A
WAIVER OF SUBROGATION IN FAVOR OF
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OWNER OR ANY OTHER OWNER INDEMNIFIED PARTY OR ANY OTHER PERSON TO THE EXTENT
INDEMNIFIED BY CONSTRUCTION MANAGER AND NAME OWNER AS AN ADDITIONAL INSURED.
(I)
WORKERS' COMPENSATION INSURANCE COVERING ALL EMPLOYEES ENGAGED IN
THE WORK HEREUNDER IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS OF THE
JURISDICTION IN WHICH SUCH SERVICES ARE TO BE PERFORMED.
(II)
EMPLOYER'S LIABILITY INSURANCE WITH LIMITS NOT LESS THAN ONE
MILLION DOLLARS ($1,000,000) FOR EACH ACCIDENT OR DEATH OF AN EMPLOYEE ENGAGED
IN WORK HEREUNDER.
(III)
AUTOMOBILE LIABILITY INSURANCE COVERING ALL MOTOR VEHICLES OWNED
OR LEASED BY CONSTRUCTION MANAGER ENGAGED IN THE PERFORMANCE OF WORK HEREUNDER.
LIMITS OF LIABILITY SHALL NOT BE LESS THAN ONE MILLION DOLLARS ($1,000,000) FOR
THE ACCIDENTAL INJURY TO OR DEATH OF ONE OR MORE PERSONS OR DAMAGE TO OR
DESTRUCTION OF PROPERTY AS A RESULT OF ONE ACCIDENT.
(B)
EXCEPT AS OTHERWISE SPECIFICALLY REQUESTED AND APPROVED BY THE
PARTIES, NO OTHER INSURANCE SHALL BE CARRIED BY CONSTRUCTION MANAGER FOR THE
BENEFIT OF OWNER.
(C)
CONSTRUCTION MANAGER SHALL REQUIRE ALL CONTRACTORS EMPLOYED BY IT
UNDER THIS AGREEMENT TO OBTAIN THE INSURANCE IDENTIFIED IN SCHEDULE 4. IF ANY
PROPOSED WRITTEN AGREEMENT CONTAINS LANGUAGE DIFFERENT THAN WHAT IS CONTAINED IN
SCHEDULE 4, CONSTRUCTION MANAGER SHALL SUBMIT THE PROPOSED INSURANCE LANGUAGE TO
OWNER FOR REVIEW AND APPROVAL.
(D)
OWNER SHALL PURCHASE AND MAINTAIN, IN A COMPANY OR COMPANIES
AUTHORIZED TO DO BUSINESS IN THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED,
PROPERTY INSURANCE UPON THE WORK AND THE PROPERTY TO THE FULL INSURABLE VALUE
THEREOF. SUCH PROPERTY INSURANCE SHALL BE MAINTAINED, UNLESS OTHERWISE AGREED TO
IN WRITING BY ALL PERSONS AND ENTITIES WHO ARE BENEFICIARIES OF SUCH INSURANCE,
UNTIL FINAL PAYMENT HAS BEEN MADE OR UNTIL NO PERSON OR ENTITY OTHER THAN OWNER
HAS AN INSURABLE INTEREST IN THE PROPERTY. THIS INSURANCE SHALL INCLUDE THE
INTERESTS OF OWNER, CONSTRUCTION MANAGER AND THE CONTRACTORS. SUCH PROPERTY
INSURANCE SHALL BE ON AN ALL-RISK POLICY FORM AND SHALL INSURE AGAINST THE
PERILS OF FIRE AND EXTENDED COVERAGE AND PHYSICAL LOSS OR DAMAGE INCLUDING,
WITHOUT DUPLICATION OF COVERAGE, THEFT, VANDALISM, MALICIOUS MISCHIEF, COLLAPSE,
TEMPORARY BUILDINGS AND DEBRIS REMOVAL INCLUDING DEMOLITION OCCASIONED BY
ENFORCEMENT OF ANY APPLICABLE LEGAL REQUIREMENTS.
ARTICLE XII.
MISCELLANEOUS
12.1
ENTIRE AGREEMENT.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT
AND SUPERSEDES (I) ALL PRIOR ORAL OR WRITTEN PROPOSALS OR AGREEMENTS, (II) ALL
CONTEMPORANEOUS ORAL PROPOSALS OR AGREEMENTS AND (III) ALL PREVIOUS NEGOTIATIONS
AND ALL OTHER COMMUNICATIONS OR UNDERSTANDINGS BETWEEN THE PARTIES WITH RESPECT
TO THE SUBJECT MATTER HEREOF.
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12.2
AMENDMENT AND MODIFICATION.
NO MODIFICATIONS OF THE TERMS AND
PROVISIONS OF THIS AGREEMENT SHALL BE OR BECOME EFFECTIVE EXCEPT BY THE
EXECUTION BY EACH OF THE PARTIES OF A SUPPLEMENTARY WRITTEN AGREEMENT.
12.3
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS AND
EACH COUNTERPART SHALL FOR ALL PURPOSES BE AN ORIGINAL AND MAY BE EXECUTED