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12.1 Casualty Insurance
a. Workers Compensation and Employer s Liability msurance,
b. Commercial General Liability insurance (ISO Form CG 00 01) covering all operations and
c. Automobile Liability insurance, including coverage for all owned, hired and non-owned automobiles.
All insurance coverages shall be in amounts and for durations acceptable to Contractor and as required by the prime
Contract. Subcontractor shall name Contractor as an additional insured under the General Liability policy using ISO
Form CG 20 10 Subcontractor shall provide certificates of insurance to Contractor prior to commencement of the work
The certificates of insurance shall provide that there will be no cancellation nor reduction of coverage without thirty (30)
days prior written notice to Contractor The certificate shall reflect all limiting or exclusionary endorsements amending
the required ISO Form CG 00 01 The use of such limiting or exclusionary endorsements will be subject to the approval
of Contractor The failure of Contractor to enforce in a timely manner any of the provisions of this Section 12 shall not
act as a waiver to enforcement of any of these provisions at a later date in the performance
of this Agreement.
12.2 Property Insurance
All work covered by this Agreement done at the site, or in preparing or delivering materials or equipment to the site,
shall be at the sole risk of Subcontractor until the completed work is accepted by Contractor.
12.2.1 Waiver of Subrogation. Contractor and Subcontractor waive all rights against each other and against all
other subcontractors and Owner for loss or damage to the extent reimbursed by any property or equipment
insurance applicable to the work, except such rights as they may have to the proceeds of such insurance. If
any applicable policies of insurance referred to in this Section require an endorsement or consent of the
insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of
such policies will cause them to be so endorsed or obtain such consent.
12.2.2 Builder's Risk. "All risk" Builder's Risk insurance (excluding the hazards of earthquake and flood) is
normally purchased by Owner and such insurance provides property insurance coverage for both Contractor
and Subcontractor including loss or damage to Subcontractor's work. It is the responsibility of Subcontractor to
ensure his work is protected by such Builder's Risk insurance prior to the execution of this subcontract. If
Builder's Risk coverage is not provided, Subcontractor shall obtain such coverage at his own expense.
Subcontractor is also responsible for any deductible amounts incorporated into any property insurance policies.
SECTION 13. DISPUTE RESOLUTION. Any dispute resolution procedure in the prime contract shall be deemed
incorporated in this Agreement, and shall apply to any disputes arising hereunder, except disputes not involving the
acts, omissions or otherwise the responsibility of the Owner under the prime contract, those which have been waived
by the making or acceptance of final payment, and questions regarding the licensure of the subcontractor. Subject to
compliance with all applicable laws including but not limited to those relating to false claims dispute and claim
certifications and cost and pricing data requirements Contractor’s sole obligation is to present any timely-filed claims
by Subcontractor to the Owner under such procedure and, subject to the other provisions of this Agreement, to pay to
Subcontractor the proportionate part of any sums paid by the Owner to which Subcontractor is entitled. For disputes
not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contract, the parties
hereto shall submit any and all disputes arising under or relating to the terms and conditions of the Subcontract to
arbitration in accordance with the Construction Industry Rules of the American Arbitration Association. No demand
in arbitration shall be made after the date when the institution of legal or equitable proceedings based on such dispute
would be barred by the applicable statute of limitations. In any dispute resolution between the parties, the prevailing
party shall be entitled in addition to any other relief granted to recover its costs ofparticipation including attorneys
and experts fees An award rendered by an arbitrator(s) shall be final and judgment may be entered upon it in
accordance with applicable law in any court havmg jurisdiction.
SECTION 14 WARRANTY Subcontractor warrants to Owner and Contractor that all materials and equipment
furnished shall be new unless otherwise specified and that all work under this Agreement will be performed in a good
and workmanlike maimer, shall be of good quality, free from faults and defects and in conformance with the Contract
Documents All work not conforming to these requirements including substitutions not properly approved and
authorized, may be considered defective The warranty provided in this section 14 shall be in addition to and not in
limitation of any other warranty or remedy required by law or by the Contract Documents.
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