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4.2.9 No Limitation: The types and limits of insurance to be purchased and maintained by the
<br />Contractor and its Subcontractors pursuant to this Contract shall not be deemed to constitute a limitation of
<br />the Contractor and its Subcontractors liability hereunder or otherwise, or otherwise to limit or affect the
<br />Contractor's indemnification obligations hereunder; by requiring insurance herein, Owner does not
<br />represent or warrant that coverage and limits will be adequate or sufficient to protect the Contractor and its
<br />Subcontractors.
<br />4.2.10 Purchase of Insurance: If the Contractor and its Subcontractors fail(s) to purchase and maintain,
<br />or fails to continue in force throughout the term of this Contract and until Final Completion and where
<br />required herein, for the minimum of five (5) years after Final Completion, insurance in the types and with
<br />limits of liability required herein, Owner may purchase such insurance and the cost thereof shall be borne
<br />by the Contractor and its Subcontractors, and shall be deducted from any amounts due and owing by the
<br />Owner to the Contractor. If such amounts are insufficient, the Contractor agrees to promptly pay the
<br />Owner the amount incurred by the Owner to purchase such insurance.
<br />4.2.11 Other Insurance: Any insurance or any increase of limits of liability not described in this Article
<br />3 which Contractor and its Subcontractors requires for its own protection shall be its own responsibility and
<br />at its own expense and shall not be considered part of the Engineer's fee for Basic Services or part of
<br />Contractor's Reimbursable Expenses or be subject to a request for Additional Services.
<br />4.3 WAIVER OF SUBROGATION
<br />4.3.1 The Contractor waives all rights of recovery, and its insurer's(s') rights of subrogation, against
<br />Owner and its mayor, council members, officers, employees, representatives, agents, and consultants for
<br />damages caused by fire or other causes of loss to the extent covered by Property insurance obtained or
<br />required to be obtained (whichever is broader) pursuant to this Contract, except such rights as they have to
<br />proceeds of such insurance held by the Owner for prompt payment to the payee(s) under the Property
<br />insurance. The Contractor, as appropriate, shall require Subcontractors, agents and employees of any of
<br />them, by appropriate agreements, written where legally required for validity, similar waivers each in favor
<br />of other parties enumerated herein. The policies shall provide such waivers by endorsement or otherwise.
<br />A waiver of right of recovery or subrogation shall be effective as to a person or entity even though that
<br />person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the
<br />insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest
<br />in the property damaged.
<br />4.3.2 The Contractor waives all rights of recovery, and its carriers' rights of subrogation, against Owner
<br />and its mayor, council members, officers, employees, representatives, agents, and consultants for any and
<br />all loss, cost and expense incurred or caused by an occurrence or peril to the extent covered by the
<br />insurance policies required by this Contract except such rights they may each have, individually or
<br />collectively, to the coverages and proceeds of such insurance. Contractor shall require identical waivers of
<br />subrogation from Subcontractors. A waiver of right of recovery or subrogation shall be effective as to a
<br />person or entity even though that person or entity would otherwise have a duty of indemnification,
<br />contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the
<br />person or entity had an insurable interest in the property damaged.
<br />4.3.3 A loss insured under the Property insurance required herein shall be adjusted by the Owner and
<br />made payable to the Owner for prompt payment to the payee(s) under the Property insurance, as their
<br />interests may appear. The Contractor shall pay its Subcontractors their just shares of insurance proceeds
<br />received by the Contractor, and by appropriate agreements, written where legally required for validity, shall
<br />require Subconsultants to make payments to their Sub-Subconsu(tants in similar manner.
<br />4.3.4 The Owner shall deposit in a separate account Property insurance proceeds so received, which the
<br />Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in
<br />accordance with an arbitration or judicial award. If after such loss no other special agreement is made and
<br />unless the Owner terminates the Contract for convenience, replacement of damaged property shall be
<br />performed by the Contractor after notification of a change in the Work in accordance with this Contract.
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