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5 . 08 Receipt and Application of Insurance Proceeds 5 . 10 Partial Utilization, Acknowledgment of insurance required by paragraph 5 .06 will be adjust Property Insurer with OWNER and made payable to OWNER as fiduciary for the insureds , as their interests may A. If OWNER finds it necessary to occupy or use appear, subject to the requirements of any ap icable a portion or portions of the Work prior to Substantial mortgage clause and of paragraph 5 .08 . B . WNER Completion of all the Work as provided in paragraph shall deposit in a separate account any money so 14 .05, no such use or occupancy shall commence received and shall distribute it in accorda ce with such before the insurers providing the property insurance agreement as the parties in interest y reach . If no pursuant to paragraph 5 .06 have acknowledged notice other special agreement is reach the damaged thereof and in writing effected any changes in cover- Work shall be repaired or replac d , the moneys so age necessitated thereby. The insurers providing the received applied on account t reof, and the Work property insurance shall consent by endorsement on and the cost thereof cover d by an appropriate the policy or policies , but the property insurance shall Change Order or Written A ndment. not be canceled or permitted to lapse on account of any such partial use or occupancy. B . OWNER as fi ciary shall have power to adjust and settle any I s with the insurers unless one of the parties in inter st shall object in writing within 15 ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES days after the currence of loss to OWNER's exercise of this ower. If such objection be made, OWNER as f uciary shall make settlement with the 6 .01 Supervision and Superintendence insurers in cordance with such agreement as the parties in ' terest may reach . If no such agreement A. CONTRACTOR shall supervise , inspect, and among a parties in interest is reached , OWNER as direct the Work competently and efficiently, devoting fiduci shall adjust and settle the loss with the such attention thereto and applying such skills and insu rs and , if required in writing by any party in expertise as may be necessary to perform the Work in in rest, OWNER as fiduciary shall give bond for the accordance with the Contract Documents . CON- TRACTOR shall be solely responsible for the means , methods , techniques , sequences , and procedures of 5 . 09 Acceptance of Bonds and Insurance; Option construction , but CONTRACTOR shall not be to Replace responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific A, lfeother--GVVNEROFGGN:PRAGT . Dk^ ^ �-m% ' means, method , technique, sequence , or procedure of objection to the coverag /ei.rn rded by or other pr r construction which is shown or indicated in and sions of the Bonds orrance required t be expressly required by the Contract Documents . CON- purchased and maintainethe other party i ccor- TRACTOR shall be responsible to see that the dance with Article 5 on tsis of non-co rmance completed Work complies accurately with the Contract with the Contract Documthe objectin party shall Documents . so notify the other party ting withi 0 days after receipt of the certifi (or her evidence B . At all times during the progress of the Work, requested) required by raph 05 . C . OWNER CONTRACTOR shall assign a competent resident and CONTRACTOR shch rovide to the other superintendent thereto who shall not be replaced such additional informai respect of insurance without written notice to OWNER and ENGINEER provided as the other reasonably request. If except under extraordinary circumstances . The either party does not pue or maintain all of the superintendent will be CONTRACTORs Bonds and insurance qd of such party by the representative at the Site and shall have authority to C/nn ocuments uch party shall notify the other act on behalf of CONTRACTOR. All communications priting of ch failure to purchase prior to the given to or received from the superintendent shall be se Wor or of such failure to maintain prior to binding on CONTRACTOR. age ' the required coverage . Without pto ny other right or remedy, the other party 6 . 02 Labor; Working Hours mo obtain equivalent Bonds or insurance topch other party's interests at the expense of A. CONTRACTORshall provide competent, twho was required to provide such coverage , suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- 00700 - General Conditions REV 04-07 00700 - 18 FAEngineering\Capital Projects\0604-12th St Sidewalk Improve between 43rd Ave & 27th Ave\Bid Documents\00700 - General Conditions REV 04-07.doc