Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-46
insurance is to be provided on the completed Project through a policy or policies other than those
insuring the Project during the construction period which are in addition to any self insurance, the
Board shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages
caused by fire or other perils covered by this separate property insurance but only those rights
specified according to the terms of Subparagraph 11.3.7. All separate policies that are not by way
of self insurance by the Board shall provide this waiver of subrogation by endorsement or otherwise.
11.3.6 Before an exposure to loss may occur, the Board shall file with the Contractor a certificate
of insurance evidencing such insurance coverages optionally obtained by this Paragraph 11.3. Each
such policy shall contain all generally applicable conditions, definitions, exclusions and
endorsements related to this Project. Each such policy shall contain a provision that the policy will
not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given
to the Contractor.
11.3.7 Waiver of Subrogation. If permitted by the Board's and the Contractor's insurance
companies without penalties, the Board and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Engineer, Engineer's consultants, separate contractors described in Article 6, if any, and any of their
subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils
to the extent of actual recovery of any insurance proceeds under any property insurance policy
obtained pursuant to this Paragraph 11.3 or other optional property insurance applicable to the Work,
except such rights as they have to proceeds of such insurance held by the Board in good faith. The
Board or Contractor, as appropriate, shall require of the Engineer, Engineer's consultants, separate
contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and
employees of any of them, by appropriate agreements, written where legally required for validity,
similar waivers each in favor of other parties enumerated herein. The optional policies shall provide
such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be
effective as to a person or entity even though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly,
and whether or not the person or entity had an insurable interest in the property damaged.
11.3.8 A loss insured under the Board's property insurance shall be adjusted by the Board in good
faith and made payable to the Board in good faith for the insureds, as their interests may appear,
subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The
Contractor shall pay Subcontractors their just shares of insurance proceeds received by
the Contractor, and by appropriate agreements, written where legally required for validity, shall
require Subcontractors to make payments to their Sub-subcontractors in similar manner.
11.3.9 The Board in good faith upon occurrence of an insured loss shall not be required to give bond
for proper performance of the Board's duties. The Board shall deposit in a separate account within
its general fund proceeds so received, which the Board shall distribute in accordance with such
agreement as the parties in interest may reach, or in accordance with a valid order of a court of
competent jurisdiction. If after such loss no other special agreement is made, replacement of
damaged property shall be covered by appropriate Change Order.
11.3.10 The Board in good faith shall have sole power to adjust and settle a loss with insurers.
Any objection to said power by a party in interest shall be presented by letter to the Board within
seven (7) days after the occurrence of the loss. The Board may reject such objection in its sole