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2004_0308_Packet
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2004_0308_Packet
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the Building and which are caused by Beazer PFRI, provided that such injuries and/or damage <br />occur at any tir�e after the Date of the Claim and before payment to Roof Owner of any portion <br />of the Settlement Compensation. <br />6.4. Roof Owner agrees to defend, indemnify and hold harmless Beazer froin and <br />against any and all damages, settlements, payments or expenses (including reasonable attorney <br />fees) incurred by Beazer on account of any and all claims, suits and causes of action for personal <br />injuries, including wrongful death, and property or other damage which may occur at the <br />Building provided that such injuries and/or damage occur at any time after the Roof Owner has <br />done all of the following: (i) executed this Acceptance and Covenant, and (ii) received any <br />portion of the Settlement Compensation, and (iii) breached its obligations under this Acceptance <br />and Covenant and/or otherwiseunder the terms of Stipulation to properly and timely replace the <br />roofing system containing Beazer PFFU in direct or indirect contract with a Metal Roof Deck <br />and/or to remediate the Metal Roof Deck. <br />7. Insurance. <br />7.1. Roof Owner agrees to require its roofing contractor to provide to the Claims <br />Office a Certificate of Insurance for a Comprehensive General Liability policy which naznes <br />Beazer East, Inc. as an Additional Insured, and nat a mere certificate holder. This Certificate of <br />Insurance shall be obtained and provided prior to the commencement of the work at the Building. <br />The inability or failure of Beazer to obtain this Certificate of Insurance shall not be deemed a <br />waiver of this requirement and shall not obviate the contractual requirement that the Certificate <br />of Insurance be provided to Beazer. <br />8. Notices. <br />All notices required under this Acceptance and Covenant shall be governed by the <br />
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