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lien. If such lien remains unsatisfied after payments are made, itself, to property which may arise out of or result from the
<br /> the Contractor shall refund to the Owner all money that the Contractor's operations under the Contract, whether such
<br /> Owner may be compelled to pay in discharging such lien, operations be by the Contractor or by a Subcontractor or any-
<br /> including all costs and reasonable attorneys' fees. one directly or indirectly employed by any of them.This insur-
<br /> 15.5 The making of final payment shali constitute a waiver of ance shall be written for not less than limits of liability specified
<br /> in the Contract Documents or required by law, whichever
<br /> claims by the Owner except those arising from: coverage is greater, and shall include contractual liability insur-
<br /> .1 liens, claims, security interests or encumbrances aris- ance applicable to the Contractor's obligations under Paragraph
<br /> ing out of the Contract and unsettled; 9.12. Certiflcates of such insurance shall be filed with the
<br /> .2 failure of the Work to comply with the requirements Owner prior to the commencement of the Work.
<br /> of the Contract Documents; or
<br /> .3 terms of special warranties required by the Contract ��•2 The Owner shall be responsible for purchasing and main-
<br /> taining the Owner's usual liability insurance. Optionally, the
<br /> Documents. Owner may purchase and maintain other insurance for self
<br /> Acceptance of final payment by the Contractor, a Subcontrac- protection against claims which may arise from operations
<br /> tor or material supplier shall constitute a waiver of claims by under the Contract.The Contractor shall not be responsible for
<br /> that payee except those prevlously made in writing and identi- purchasing and malntaining this optional Owner's liability
<br /> fied by that payee as unsettled at the time of final Application insurance unless specifically required by the Contract
<br /> for Payment. Documents.
<br /> 17.3 Unless otherwise provided, the Owner shall purchase
<br /> ARTICLE 16 and maintain, in a company or companies lawfully authorized
<br /> to do business in the jurisdiction in which the Project is
<br /> PROTECTiON OF PERSONS AND PROPERTY located,property insurance upon the entire Work at the site to
<br /> the full insurable value thereof.This insurance shall be on an all-
<br /> 16.1 The Contractor shall be responsible for initiating, main- risk policy form and shall include interests of the Owner, the
<br /> taining, and supervising all safety precau[ions and programs in Contractor, Subcontracrors and Sub-subcontractors in the
<br /> connection with che performance of the Contract. The Con- Work and shall insure against the perils of fire and extended
<br /> tractor shall take reasonable precautions for safety of,and shall coverage and physical loss or damage including,without dupli-
<br /> provide reasonable protection to preven[damage,injury or loss cation of coverage, theft, vandalism and malicious mischief.
<br /> �O� 17.4 A loss insured Under Owner's property insurance shail be
<br /> .1 employees on the Work and other persons who may adjusted with the Owner and made payable to the Owner as
<br /> be affected thereby; fiduciary for the insureds,as their interests may appear,subject
<br /> .2 the Work and materials and equipment to be incor- ro the requirements of any applicable mortgagee clause.
<br /> porated therein; and 17,5 The Owner shall file a copy of each policy with the Con-
<br /> .3 other property at the site or adjacent thereto. tractor before an exposure to loss may occur. Each polity shall
<br /> The Contractor shall give notices and comply with applicable contain a provision that the policy will not be cancelled or
<br /> laws, ordinances, rules, regulations and lawful orders of public allowed to expire until at least 30 days'prior written notice has
<br /> authorities bearing on safety of persons and property and their been given to the Contractor.
<br /> protection from damage, injury or loss. The Conaactor shall ��,6 The Owner and Contractor waive all rights against each
<br /> prompdy remedy damage and loss to property at the site other and the Architect, Architect's consultants, separate con-
<br /> caused in whole or in part by the Contractor,a Subcontractor,a tractors described in Article l2,if any,and any of their subcon-
<br /> Sub-subcontractor, or anyone directly or lndirectly employed tractors, sub-subcontractors, agents and employees, for dam-
<br /> by any of them,or by anyone for whose acts they may be liabie ages caused by fire or other perils to the extent covered by
<br /> and for which the Contractor is responsible under Subpara- property insurance obtained pursuant to this Article 17 or any
<br /> graphs 16.I.2 and l 6.1.3,except for damage or loss attributable other property insurance applicable to [he Work, except such
<br /> tc:acts or omissions of the Owner or Architect or by anyone for rights as they may have to the proceeds of such insurance held
<br /> whose acts either of them may be liable,and not attributable to by the Owner as fiduclary.The Contractor shall require similar
<br /> the fault or negligence of the Contractor.The foregoing obliga- waivers in favor of the Owner and the Contractor by Subcon-
<br /> tions of the Contractor are in addition to the Contractor's obli- tractors and Sub-subcontractors. The Owner shall require simi-
<br /> gations under Paragraph 9.12. lar waivers in favor of the Owner and Conaactor by the Archi-
<br /> 16.2 The Contractor shall not be required to perform without �ect, Archlrect's consultants, separate contractors described in
<br /> consent any Work relating to asbestos or polychlorinated Artide 12, if any, and the subcontractors, sub-subcontractors,
<br /> biphenyl (PCB). agents and employees of any of them.
<br /> ARTICLE 17 ARTICLE 18
<br /> INSURANCE CORRECTION OF WORK
<br /> 17.1 The Contractor shall purchase from and maintain in a 18.1 The Contractor shall promptly correct Work rejected by
<br /> company or compac�ies lawfully authorized to do business in the Architect or failing to conform to the requirements of the
<br /> the jurisdiction in which the Project is located insurance for Contract Documents, whether observed before or after Sub-
<br /> protection from claims under workers'or workmen's compen- stantial Completion and whether or not fabricated, installed or
<br /> sation acts and other employee benefit acts which are applic- completed, and shall correct any Work found to be not in
<br /> able, claims for damages because of bodlly inJury, including accordance with the requirements of�he Contract Documents
<br /> death, and from claims for damages, other than to the Work within a period of one year from the date of Substantial Com-
<br /> AIA DOCUMENT A107�ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION�AIA� •O I)87
<br /> 9 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING7'ON, D.C. 20006
<br /> WARNING:Unlicensed photocopying violates U.S.copyright laws and is sub�ect to legal prosecution.
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