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AIA Document A2 01TM - 2017
<br />General Conditions of the Contract for Construction
<br />ARTICLE 11 INSURANCE AND BONDS
<br />§ 11.1 Contractor's Insurance and Bonds
<br />§ 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the
<br />endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract
<br />Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance
<br />companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and
<br />Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as
<br />otherwise described in the Contract Documents.
<br />§ 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions
<br />as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or
<br />companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.
<br />§ 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of
<br />obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to
<br />be furnished.
<br />§ 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the date the
<br />Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract
<br />Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon
<br />receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the
<br />Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement
<br />coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual
<br />obligation to provide any required coverage.
<br />§ 11.2 Owner's Insurance The Owner represents that it is self -insured under Indiana law.
<br />§ 11.2.1 Intentionally Omitted
<br />§ 11.2.2 Failure to Purchase Required Property Insurance. Intentionally Omitted
<br />§ 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Intentionally Omitted
<br />§ 11.3 Waivers of Subrogation
<br />§ 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors,
<br />agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any,
<br />and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of
<br />loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance
<br />applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as
<br />appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect,
<br />Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased
<br />and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver
<br />of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity
<br />would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay
<br />the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the
<br />damaged property.
<br />§ 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the
<br />site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance
<br />is to be provided on the completed Project through a policy or policies other than those insuring the Project during the
<br />AIA Document A201- - 2017. Copyright Y 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
<br />and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA& Document is protected by U.S. Copyright
<br />Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result
<br />ere civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This draft was
<br />pnoducsd by AIA software rat 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/201a, and is not for resale.
<br />User Notes: (3B9A.DA17,
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