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<br />11.3.6 The Owner and Contractor waive all rights against
<br />(1) each other and the Subcontractors, Sub -subcontractors,
<br />agents and employees each of the other, and (2) the
<br />Architect and separate contractors, if any, and their sub-
<br />contractors, sub -subcontractors, agents and employees,
<br />for damages caused by fire or other perils to the extent
<br />covered by insurance obtained pursuant to this Paragraph
<br />11.3 or any other property insurance applicable to the
<br />Work, except such rights as they may have to the pro-
<br />ceeds of such insurance held by the Owner as trustee.
<br />The foregoing waiver afforded the Architect, his agents
<br />and employees shall not extend to the liability imposed
<br />by Subparagraph 4.18.3. The Owner or the Contractor, as
<br />appropriate, shall require of the Architect, separate con-
<br />tractors, Subcontractors and Sub -subcontractors by ap-
<br />propriate agreements, written where legally required for
<br />validity, similar waivers each in favor of all other parties
<br />enumerated in this Subparagraph 11.3.6.
<br />11.3.7 If required in writing by any party in interest, the
<br />Owner as trustee shall, upon the occurrence of an insured
<br />loss, give bond for the proper performance of his duties.
<br />He shall deposit in a separate account any money so re-
<br />ceived, and he shall distribute it in accordance with such
<br />agreement as the parties in interest may reach, or in ac-
<br />cordance with an award by arbitration in which case the
<br />procedure shall be as provided in Paragraph 7.9. If after
<br />such loss no other special agreement is made, replace-
<br />ment of damaged work shall be covered by an appropri-
<br />ate Change Order.
<br />11.3.8 The Owner as trustee shall have power to adjust
<br />and settle any loss with the insurers unless one of the
<br />parties in interest shall object in writing within five days
<br />after the occurrence of loss to the Owner's exercise of this
<br />power, and if such objection be made, arbitrators shall be
<br />chosen as provided in Paragraph 7.9. The Owner as trustee
<br />shall, in that case, make settlement with the insurers in
<br />accordance with the directions of such arbitrators. If dis-
<br />tribution of the insurance proceeds by arbitration is re-
<br />quired, the arbitrators will direct such distribution.
<br />11.3.9 If the Owner finds iS necessary to occupy or use a
<br />portion or portions of the Work prior to Substantial Com-
<br />pletion thereof, such occupancy or use shall not com-
<br />mence prior to a time mutually agreed to by the Owner
<br />and Contractor and to which the insurance company or
<br />companies providing the property insurance have con-
<br />sented by endorsement to the policy or policies. This in-
<br />surance shall not be cancelled or lapsed on account of
<br />such partial occupancy or use. Consent of the Contractor
<br />and of the insurance company or companies to such
<br />occupancy or use shall not be unreasonably withheld.
<br />11.4 LOSS OF USE INSURANCE
<br />11.4.1 The Owner, at his option, may purchase and main-
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<br />Lain such insurance as will insure him against loss of use
<br />of his property due to fire or other hazards, however
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<br />caused. The Owner waives all rights of action against the
<br />Contractor for loss of use of his property, including con-
<br />sequential losses due to fire or other hazards however
<br />caused, to the extent covered by insurance under this
<br />Paragraph 11.4.
<br />ARTICLE 12
<br />CHANGES IN THE WORK
<br />12.1 CHANGE ORDERS
<br />12.1.1 A Change Order is a written order to the Contrac-
<br />tor signed by the Owner and the Architect, issued after
<br />execution of the Contract, authorizing a change in the
<br />Work or an adjustment in the Contract Sum or the Con-
<br />tract Time. The Contract Sum and the Contract Time may
<br />be changed only by Change Order. A Change Order
<br />signed by the Contractor indicates his agreement there-
<br />with, including the adjustment in the Contract Sum or
<br />the Contract Time.
<br />12.1.2 The Owner, without invalidating the Contract, may
<br />order changes in the Work within the general scope of
<br />the Contract consisting of additions, deletions or other
<br />revisions, the Contract Sum and the Contract Time being
<br />adjusted accordingly. All such changes in the Work shall
<br />be authorized by Change Order, and shall be performed
<br />under the applicable conditions of the Contract Docu-
<br />ments.
<br />12.1.3 The cost or credit to the Owner resulting from a
<br />change in the Work shall be determined in one or more
<br />of the following ways•
<br />.1 by mutual acceptance of a lump sum properly
<br />itemized and supported by sufficient substantiating
<br />data to permit evaluation;
<br />.2 by unit prices stated in the Contract Documents or
<br />subsequently agreed upon;
<br />.3 by cost to be determined in a manner agreed upon
<br />by the parties and a mutually acceptable fixed or
<br />percentage fee; or
<br />.4 by the method provided in Subparagraph 12.1.4.
<br />12.1.4 If none of the methods set forth in Clauses
<br />12.1.3.1, 12.1.3.2 or 12.1.3.3 Is agreed upon, the Contrac-
<br />tor, provided he receives a written order signed by the
<br />Owner, shall promptly proceed with the Work involved.
<br />The cost of such Work hall then be determined by the
<br />Architect on the basis of the reasonable expenditures and
<br />savings of tho4e performing the Work attributable to the
<br />change, including, in the case of an increase in the Con-
<br />tract Sum, a reasonable allowance for overhead and profit.
<br />In such case, and also under Clauses , 2,1.3.3 and 12.1.3.4
<br />above, the Contractor shall keep and present, in such
<br />form as the Architect may prescribe, an itemized account-
<br />ing together with appropriate supporting data for inclu-
<br />sion in a Change Order. Unless otherwise provided in
<br />the Contract Documents, cost shall be limited to the fol-
<br />lowing: cost of materials, including sale- tax and cost of
<br />delivery; cost of labor, including social security, old age
<br />and unemployment insurance, and fringe benefits re-
<br />quired by agreement or custom; workers' or workmen's
<br />compensation insurance; bond premiums; rental value of
<br />equipment and machinery; and the additional costs of
<br />supervision and field office personnel directly attributable
<br />to the change. Pending ;inal determination of cost to the
<br />Owner, payments on account shall be made on the Archi-
<br />tect's Certificate for Payment. The amount of credit to be
<br />allowed by the Contractor to the'Owner for any deletion
<br />AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - THIRTEENTH EDITION • AUGUST 1976
<br />AIAA 9 m 1976 - THE AAERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 A201-1976 17
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