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' the officers, directors, partners, employees, agents, and other canceled or permitted to lapse on account of any
<br /> such partial
<br /> consultants and subcontractors of each and any of them, use or occupany.
<br /> 5.08 Receipt and Application of Insurance Proceeds
<br /> ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
<br /> A. Any Insured loss under the policies of insurance
<br /> required by paragraph 5.06 will be adjusted with OWNER and
<br /> made payable to OWNER as fiduciary for the insureds, as their 6.01 Supervision and Superintendence
<br /> interests may appear, subject to the requirements of any
<br /> applicable mortgage clause and of paragraph 5.08. 13. OWNER A. CONTRACTOR shall supervise, inspect, and direct
<br /> shall deposit in a separate account any money so received and the Work competently and efficiently, devoting such attention
<br /> shall distribute it in accordance with such agreement as the thereto and applying such skills and expertise
<br /> as may be
<br /> parties in interest may reach. If no other special agreement is necessary to perform the Work in accordance with the Contract
<br /> readied, the damaged Work shall be repaired or replaced, the Documents. CONTRACTOR shall be solely responsible for the
<br /> moneys so received applied on account thereof, and the Work means, methods, techniques, sequences, and procedures
<br /> of
<br /> and the cost thereof covered by an appropriate Change Order construction, but CONTRACTOR shall not be responsible for
<br /> or Written Amendment the negligence of OWNER or ENGINEER in the design or
<br /> specification of a specific means, method, technique, sequence,
<br /> B. OWNER as fiduciary shall have power to adjust and or procedure of construction which is shown or indicated in and
<br /> settle any loss with the insurers unless one of the parties in expressly required by the Contract Documents.
<br /> interest shall object in writing within 15 days after the CONTRACTOR shall be responsible to
<br />see that the completed
<br /> occurrence of loss to OWNER's exercise of this power. If such Work complies accurately with the Contract Documents.
<br /> objection be made, OWNER as fiduciary shall make settlement
<br /> with the insurers in accordance with such agreement as the B. At all times during the progress
<br /> of the Work,
<br /> parties in interest may reach. If no such agreement among the CONTRACTOR shall assign a competent resident
<br /> parties in interest is reached, OWNER as fiduciary shall adjust superintendent thereto who shall not be replaced without written
<br /> and settle the loss with the insurers and, if required in writing by notice to OWNER and ENGINEER except under extraordinary
<br /> any party in interest, OWNER as fiduciary shall give bond for circumstances. The superintendent will be CONTRACTOR's
<br /> the proper performance of such duties. representative at the Site and shall have authority to act on
<br /> behalf of CONTRACTOR. All communications given to or
<br /> 5.09 Acceptance of Bonds and Insurance, Option to received from the superintendent shall be binding on
<br /> Replace CONTRACTOR.
<br /> A. If either OWNER or CONTRACTOR has any 6.02 Labor, Waking Hours
<br /> objection to the coverage afforded by or other provisions of the
<br /> Bonds or insurance required to be purchased and maintained A. CONTRACTOR shall provide competent, suitably
<br /> by the other party in accordance with Article 5 on the basis of qualified personnel to survey, lay out, and construct
<br /> the Work
<br /> non-conformance with the Contract Documents, the objecting as required by the Contract Documents. CONTRACTOR shall
<br /> party shall so notify the other party in writing within 10 days after at all times maintain good discipline and order at the Site.
<br /> receipt of the certificates (or other evidence requested) required
<br /> by paragraph 2.05.C. OWNER and CONTRACTOR shall each B. Except as otherwise required for the safety
<br />or
<br /> provide to the other such additional information in respect of protection of persons or the Work or property at
<br /> the Site or
<br /> insurance provided as the other may reasonably request. If adjacent thereto, and except as otherwise stated in the Contract
<br /> either party does not purchase or maintain all of the Bonds and Documents, all Work at the Site shall be performed
<br /> during
<br /> insurance required of such party by the Contract Documents, regular working hours, and CONTRACTOR will not
<br /> permit
<br /> such party shall notify the other party in writing of such failure to overtime work or the performance . of Work on
<br /> Saturday,
<br /> purchase prior to the start of the Work, or of such failure to Sunday, or any legal holiday without OWNER's written
<br /> consent
<br /> maintain prior to any change in the required coverage. Without (which will not be unreasonably withheld) given after
<br /> prior
<br /> prejudice to any other right or remedy, the other party may elect written notice to ENGINEER.
<br /> to obtain equivalent Bonds or insurance to protect such other
<br /> party's interests at the expense of the party who was required to
<br /> provide such coverage, and a Change Order shall be issued to 6.03 Services, Materials, and Equipment
<br /> must the Contract Price accordingly.
<br /> A. unless otherwise specified in the General
<br /> 5. 10 Partial Utilization, Acknowledgment of Property Requirements, CONTRACTOR shall provide and assume full
<br /> Insurer responsibility for all services, materials, equipment, labor,
<br /> transportation, construction equipment and machinery, tools,
<br /> A. if OWNER finds it necessary to occupy or use a appliances, fuel, power, light, heat, telephone, water,
<br /> sanitary
<br /> portion or portions of the Work prior to Substantial Completion facilities, temporary fecifities, and all other
<br /> facilities and
<br /> of all the Work as provided in paragraph 14.05, no such use or incidentals necessary for the performance, testing, start-up, and
<br /> occupancy shall commence before the insurers providing the completion of the Work,
<br /> property insurance pursuant to paragraph 5.06 have
<br /> acknowledged notice thereof and in writing effected any B. All materials and equipment incorporated
<br /> into the
<br /> changes in coverage necessitated thereby. The insurers Work shall be as specified or, if not specified, shall
<br /> be of good
<br /> providing the property insurance shall consent by endorsement quality and new, except as otherwise provided in the Contract
<br /> on the policy or policies, but the property insurance shall not be Documents. All warranties and guarantees specifically called
<br /> 00700 = 15
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