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obtain all insurance as required by this Agreement and that the Owner be specifically <br /> endorsed as an additional insured on such insurance. <br /> J. No Work Until Insurance Requirements Met <br /> 1. Neither the Contractor nor any of its subcontractors shall begin work under the <br /> Contract until all required insurance has been obtained and approved by the Owner, <br /> irrespective of whether a Notice to Proceed has been issued. <br /> 2. Working or calendar days will be charged against Contract Time from the date <br /> specified in the Notice to Proceed (or the date of the Notice to Proceed, if no start <br /> date is specified in the Notice to Proceed), and will not be suspended or not charged <br /> if insurance requirements are not fulfilled. <br /> 3. Purchase of appropriate insurance and providing satisfactory evidence of required <br /> insurance is wholly the obligation of the Contractor, and any Delay that is not the fault <br /> of the Owner shall be attributed to the Contractor. <br /> K. Failure to Procure and Maintain Insurance <br /> 1. Failure on the part of the Contractor to obtain, maintain and deliver the policy or <br /> policies (in whole or in part) and receipt or receipts as required shall constitute a <br /> material breach of Contract. <br /> 2. After giving five (5) working days' notice to the Contractor to correct the breach, the <br /> Owner may, in its sole discretion and option: <br /> a. immediately terminate the Contract; <br /> b. procure or renew such insurance and pay any and all premiums in connection <br /> therewith, with any sums so expended to be repaid to the Owner on demand, or, <br /> at the sole discretion of the Owner, offset against funds due the Contractor from <br /> the Owner; <br /> c. withhold progress payments (in whole or in part); and <br /> d. avail itself of any other remedy at law, in equity, or allowed by Contract. <br /> 3. These remedies are cumulative and not exclusive. <br /> 4. The Contractor hereby appoints the Owner its true and lawful attorney, to do the <br /> things necessary for the purpose of procuring or renewing insurance as provided <br /> herein. <br /> 5. Failure of the Owner to obtain such insurance shall in no way relieve the Contractor <br /> of its responsibilities under this Contract. <br /> L. Cancellation <br /> 1. The Owner shall be given at least forty-five (45) days prior written Notice of any <br /> cancellation, non-renewal, or other material change in any insurance policy. <br /> 2. Owner acknowledges that the Contractor's Worker's Compensation/Employer's <br /> Liability insurance cannot be endorsed or amended to provide the Owner with prior <br /> Notice of material changes. <br /> Replacement of Reservoir 2 General Conditions <br /> WO# UP3658 00 72 13 - 74 <br />