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<br />8.5.1 Any insured loss shall be adjusted with CUSTOMER and VEREGY and made payable to CUSTOMER and
<br />VEREGY as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause.
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<br />8.5.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees
<br />shall make distribution in accordance with the agreement of the parties in interest.
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<br />8.6 Waiver of Subrogation
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<br />8.6.1 CUSTOMER and VEREGY waive all rights against each other, Architects and Engineers, Subcontractors and
<br />Sub-subcontractors for damages caused by perils covered by insurance provided under Paragraph 8.4, except such rights as
<br />they may have to the proceeds of such insurance held by CUSTOMER and VEREGY as trustees. VEREGY may require
<br />similar waivers from all Subcontractors and Sub-subcontractors.
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<br />8.6.2 CUSTOMER and VEREGY waive all rights against each other, Architects and Engineers, Subcontractor and Sub-
<br />subcontractors for loss or damage to any equipment used in connection with the Project, which loss is covered by any
<br />property insurance. VEREGY may require similar waivers from all Subcontractors and Sub-subcontractors.
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<br />8.6.3 Removed
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<br />8.6.4 If the policies of insurance referred to in this Paragraph 8.6 require an endorsement to provide for continued
<br />coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed.
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<br />8.7 Limitation of Liability
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<br />8.7.1 In no event shall VEREGY be liable for any special, incidental, indirect, speculative, remote, or consequential
<br />damages arising from, relating to, or connected with the work, equipment, materials, or any goods or services provided
<br />hereunder. The CUSTOMER waives claims against VEREGY for consequential damages arising out of or relating to this
<br />Agreement. This waiver includes damages incurred by CUSTOMER for rental expenses, for losses of use, income, profit,
<br />financing, business and reputation, and for loss of management or employee productivity or of the services of such persons.
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<br />ARTICLE 9
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<br />TERMINATION OF THE AGREEMENT
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<br />9.1 If VEREGY defaults in, or fails or neglects to carry forward the Work in accordance with this Agreement,
<br />CUSTOMER may provide notice in writing of its intention to terminate this Agreement to VEREGY. If VEREGY,
<br />following receipt of such written notice, neglects to cure or correct the identified deficiencies within thirty (30) business
<br />days, CUSTOMER may provide a second written notice. If VEREGY has not, within thirty (30) business days after receipt
<br />of such notice, acted to remedy and make good such deficiencies, CUSTOMER may terminate this Agreement and take
<br />possession of the site together with all materials thereon, and move to complete the Work itself expediently. If the unpaid
<br />balance of the contract sum exceeds the expense of finishing the Work, the excess shall be paid to VEREGY, but if the
<br />expense exceeds the unpaid balance, VEREGY shall pay the difference to CUSTOMER.
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<br />9.2 If CUSTOMER fails to make payments as they become due, or otherwise defaults or breaches its obligations under
<br />this Agreement, VEREGY may give written notice to CUSTOMER of VEREGY's intention to terminate this Agreement.
<br />If, within fifteen (15) days following receipt of such notice, CUSTOMER fails to make the payments then due, or otherwise
<br />fails to cure or perform its obligations, VEREGY may, by written notice to CUSTOMER, terminate this Agreement and
<br />recover from CUSTOMER payment for Work executed and for losses sustained for materials, tools, construction equipment
<br />and machinery, including but not limited to, reasonable overhead, profit and applicable damages.
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<br />ARTICLE 10
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<br />ASSIGNMENT
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<br />10.1 Neither party to the Agreement shall assign this Agreement or sublet it as a whole without the written consent of
<br />the other party. Such consent shall not be reasonably withheld, except that VEREGY may assign to another party the right
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