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r <br /> City of Everett 00 72 00 - 54 <br /> Water Filter Plant Portal 4 Improvements WO# 3755 <br /> 15.3.4 Cross Liability Endorsement <br /> The policies of insurance shall contain a"cross liability"endorsement substantially as follows: I <br /> The inclusion of more than one insured under this policy shall not affect the rights of any insured as <br /> respects any claim,suit,or judgment made or brought by or for any other insured or by or for any <br /> employee of any other insured. This policy shall protect each insured in the same manner as though a <br /> separate policy had been issued to each,except that nothing herein shall operate to increase the <br /> company's liability beyond the amount or amounts for which the company would have been liable <br /> had only one insured been named. <br /> 15.3.5 Additional Insured <br /> The policies of insurance for general liability,automobile,and pollution policies shall be specifically <br /> endorsed to name the Owner,Owner's Representative,and each of their respective officers,elected <br /> officials,employees,agents,representatives, Subconsultants and volunteers,and other entities specifically <br /> required by the Contract Documents,as additional insured(s). Such endorsement shall not limit the policy <br /> limits available to the Owner as additional insured to the coverage amounts required herein if the <br /> Contractor maintains larger policy limits. <br /> 15.3.6 Contractor Insurance Primary/Waiver of Subrogation <br /> Contractor's insurance shall be primary as respects the Owner,and any other insurance maintained by the <br /> Owner shall be excess and not contributing insurance with the Contractor's insurance. <br /> The Contractor waives all rights against the Owner and its separate contractors,and their agents and <br /> employees, for damages caused by fire or other perils to the extent such damage cost is actually paid by <br /> property insurance applicable to the Work. The Contractor shall require similar waivers from all <br /> Subcontractors. <br /> 15.3.7 Assumption of Risk I <br /> Contractor hereby assumes all risk of damage to its property,or injury to its officers,directors,agents, <br /> contractors,or invitees,in or about the Property from any cause,and hereby waives all claims against the <br /> Owner. The Contractor further waives,with respect to the Owner only,its immunity under RCW Title <br /> 51,Industrial Insurance. <br /> 15.3.8 Cost Included in Price <br /> All costs for insurance shall be incidental to and included in the unit contract prices or lump sum price of <br /> the Contract and no additional payment will be made for required insurance. <br /> 15.3.9 Subcontractors 1 <br /> Contractor shall furnish separate evidence of insurance as stated above for each Subcontractor or shall <br /> include all Subcontractors as insureds under its policies. All coverage for Subcontractors shall be subject <br /> to all the requirements stated herein and applicable to their profession. If Contractor does not include <br /> Subcontractors as insured under Contractor's own insurance policies,Contractor shall be responsible for <br /> assuring that all Subcontractors obtain all insurance as required by this Agreement and that the Owner be <br /> specifically endorsed as an additional insured on such insurance. <br /> 15.3.10 No Work Until Insurance Requirements Met <br /> Neither the Contractor nor any of its subcontractors shall begin work under the Contract until all required <br /> insurance has been obtained and approved by the Owner,irrespective of whether a Notice to Proceed has <br /> been issued. Working or calendar days will be charged against Contract Time from the date specified in <br /> the Notice to Proceed(or the date of the Notice to Proceed, if no start date is specified in the Notice to <br /> Proceed),and will not be suspended or not charged if insurance requirements are not fulfilled. Purchase <br /> of appropriate insurance and providing satisfactory evidence of required insurance is wholly the <br /> obligation of the Contractor,and any Delay that is not the fault of the Owner shall be attributed to the <br /> Contractor. I <br /> 00 72 00 - 54 GENERAL CONDITIONS <br />