Common use of Type of Program Clause in Contracts

Type of Program. During Phase I and no later than ninety (90) Days before Phase II, Owners, in consultation with Contractor, shall determine an acceptable insurance program for the Work for Phase II generally following the requirements enumerated in this Section 16.1 and Section 16.3 hereof and subject to Contractor’s concurrence, not to be unreasonably withheld, including when such insurance coverages shall be effective, which may be either a Contractor-Controlled Insurance Program (“CCIP”) or an Owner-Controlled Insurance Program (“OCIP”), together with the levels of deductibles and other matters affecting the coverages to be obtained, including coverages which may not be covered by a CCIP or OCIP program such as builder’s risk, construction equipment insurance, etc. The builder’s risk program may be taken out and maintained during Phase I if mutually agreed by the Parties. Any policies provided by Owners shall be subject to Contractor’s review and approval, which shall not be unreasonably withheld. Contractor will be provided with a copy of the policies of any Owner-furnished coverages promptly after they are put in place. Owners’ insurers shall be contractually bound to endeavor to provide Contractor [***] prior notice of any cancellation of any of Owners’ insurance policies. Owners shall provide notice to Contractor upon Owners’ receipt of any notice of cancellation of or material change to any of Owners’ insurance policies required to be provided hereunder. If Contractor is to provide a CCIP or other required coverages that have not been identified as Contractor’s responsibility in this Article 16, the cost of such insurance shall constitute a Change and shall entitle Contractor to seek a Change Order for such costs pursuant to Article 9. Owners hereby waive on behalf of their insurers (covering the builders’ risk insurance policy) all rights of subrogation against Contractor or any Contractor Interest, on account of any loss of or damage to or loss of use of any property at the Facility and the Site arising from the Work during the Work and thereafter, and regardless of whether such loss is related to a Nuclear Incident or a non-nuclear incident, and whether liability for such loss or damage arises in contract, tort or otherwise and irrespective of fault, negligence, strict liability or otherwise. Should any of Owners’ insurance policies not be put in place when required by Contractor, or should any such policies be cancelled or materially changed during the Work, Contractor may immediately suspend the performance of its Work as if Owners had ordered a suspension pursuant to Section 22.1.

Type of Program. During Phase I and no later than ninety (90) Days before Phase II, Owners, in consultation with Contractor, shall determine an acceptable insurance program for the Work for Phase II generally following the requirements enumerated in this Section 16.1 and Section 16.3 hereof and subject to Contractor’s concurrence, not to be unreasonably withheld, including when such insurance coverages shall be effective, which may be either a Contractor-Controlled Insurance Program (“CCIP”) or an Owner-Controlled Insurance Program (“OCIP”), together with the levels of deductibles and other matters affecting the coverages to be obtained, including coverages which may not be covered by a CCIP or OCIP program such as builder’s risk, construction equipment insurance, etc. The builder’s risk program may be taken out and maintained during Phase I if mutually agreed by the Parties. Any policies provided by Owners shall be subject to Contractor’s review and approval, which shall not be unreasonably withheld. Contractor will be provided with a copy of the policies of any Owner-furnished coverages promptly after they are put in place. Owners’ insurers shall be contractually bound to endeavor to provide Contractor [***] thirty (30) Days’ prior notice of any cancellation of any of Owners’ insurance policies. Owners shall 84 provide notice to Contractor upon Owners’ receipt of any notice of cancellation of or material change to any of Owners’ insurance policies required to be provided hereunder. If Contractor is to provide a CCIP or other required coverages that have not been identified as Contractor’s responsibility in this Article 16, the cost of such insurance shall constitute a Change and shall entitle Contractor to seek a Change Order for such costs pursuant to Article 9. Owners hereby waive on behalf of their insurers (covering the builders’ risk insurance policy) all rights of subrogation against Contractor or any Contractor Interest, on account of any loss of or damage to or loss of use of any property at the Facility and the Site arising from the Work during the Work and thereafter, and regardless of whether such loss is related to a Nuclear Incident or a non-nuclear incident, and whether liability for such loss or damage arises in contract, tort or otherwise and irrespective of fault, negligence, strict liability or otherwise. Should any of Owners’ insurance policies not be put in place when required by Contractor, or should any such policies be cancelled or materially changed during the Work, Contractor may immediately suspend the performance of its Work as if Owners had ordered a suspension pursuant to Section 22.1.