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5.08 Receipt and Application of Insurance Proceeds A' . Any iRs6Fed less undeF the pelor.*e& —4 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 . 13 . WNER Completion of all the Work as provided in paragraph shall deposit in a separate account any oney 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 th 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 Is exercise of this ower. If such objection be made , OWNER as fi 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 means , method , technique , sequence, or procedure of objection to the coverage afforded by or other pr i- construction which is shown or indicated in and sions of the Bonds or insurance required t be expressly required by the Contract Documents . CON- purchased and maintained by the other party i ccor- TRACTOR shall be responsible to see that the dance with Article 5 on the basis of non-co rmance completed Work complies accurately with the Contract with the Contract Documents , the objectin party shall Documents . so notify the other party in writing withi 0 days after receipt of the certificates (or her evidence B . At all times during the progress of the Work, requested ) required by paragraph .05 . C . OWNER CONTRACTOR shall assign a competent resident and CONTRACTOR shall each rovide to the other superintendent thereto who shall not be replaced such additional information i respect of insurance without written notice to OWNER and ENGINEER provided as the other ma reasonably request. If except under extraordinary circumstances . The either party does not pur ase or maintain all of the superintendent will . be CONTRACTOR's Bonds and insurance quired of such party by the representative at the Site and shall have authority to Contract Documents uch party shall notify the other act on behalf of CONTRACTOR. All communications party in writing of ch failure to purchase prior to the given to or received from the superintendent shall be start of the Wor or of such failure to maintain prior to binding on CONTRACTOR. any change • the required coverage . Without prejudice to ny other right or remedy, the other party 6 . 02 Labor, Working Hours may elec o obtain equivalent Bonds or insurance to protect uch other party's interests at the expense of A. CONTRACTOR shall provide competent, the rty who 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\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00700 - General Conditions REV 04-07.doc