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AIA Document A201- - 2017
<br />General Conditions of the Contract for Construction
<br />construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of
<br />Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance.
<br />§ 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance
<br />The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of
<br />the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all
<br />rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards
<br />however caused.
<br />§11.5 Adjustment and Settlement of Insured Loss
<br />§ 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary
<br />and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
<br />applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of
<br />insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments
<br />to their consultants and Subcontractors in similar manner.
<br />§ 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as
<br />well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object
<br />to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and
<br />the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds
<br />in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not
<br />terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the
<br />damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of
<br />the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute
<br />between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to
<br />Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of
<br />the damaged or destroyed Work.
<br />ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
<br />§ 12.1 Uncovering of Work
<br />§ 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the
<br />Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be
<br />replaced at the Contractor's expense without change in the Contract Time.
<br />§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its
<br />being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in
<br />accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and
<br />Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of
<br />uncovering the Work, and the cost of correction, shall be at the Contractor's expense.
<br />§ 12.2 Correction of Work
<br />§ 12.2.1 Before Substantial Completion
<br />The Contractor shall promptly correct Work rejected by the Owner or Architect or failing to conform to the requirements of
<br />the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed.
<br />Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement,
<br />and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense.
<br />AIA Document A201s' — 2017. Copyright - 1911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
<br />and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAB Document is protected by U.S. Copyright
<br />Law and International Treaties, Unauthorized reproduction or distribution of this AIA9 Document, or any portion of it, may result
<br />n severe c vil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
<br />produced by1AIA software at 09:02:25 on OS/10/2017 under Order No. 1 496 52 41 62 which expires on 03/09/2018, and is not for resale,
<br />User Notes: (3B9ADA17)
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