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trusteeOF otherwise payable under any PeliGySO B. OWNER as fidueiaFyshall have pe er—te <br /> issued. adjust and settle any less with the insurersunless one i <br /> of the parties i interest shall ebjeGt in writing within 15 <br /> B. OWNER WaiYes all rights aga4rt daysafter the GGGUFrense—ofless to OWNEd's <br /> ENGINEERj- exeFr,'se of this power. If SUGh objel3tiOR be <br /> ENGINEE 's Consultants, and the OffiGe _ dire_Gtoro_ made, <br /> partners, emple yees yand` ethe U eans (tants insurers in rdanee with h n�.t was the <br /> agents, wenor � s �Gagreement <br /> partiesin interest may i each If RG SUGh agree <br /> n+ <br /> amE)Rg the parties i interest is aeherl O NERI <br /> �as I <br /> 1 less due to hUs ess interruption, less fiduGiary shall adjust and settle the� lesswithwit#__the <br /> of use, GF GtheF GonsequeRtial less e)deRd'ng insurers and, if required in writing by any partyL4 <br /> beyerid dqreGt phySiGal loss OF damage to interest, OWNER as fid e shall give bond fpr the <br /> OWNER's property or the Work Gaused by, proper peFferm-ARr.e A-f SuGh duties. <br /> arising eut ef, or resulting fFGM fire or ether peO. <br /> whether GF RGt;RSUFed by OWNER; d 5.09 Acceptance of Bonds and Insurance; Option <br /> to Replace <br /> 2. losser damage to the eornpieted Pro 1j <br /> ;ee}or part thereof go�iserl by arising nut Of, G A. if 6theF OWNER OF CONTRACTOR has aR <br /> resulting fF0M fire er-ether insuredperil or c)bjeGtiOR to the G9VeFa9e afforded by or ether provi <br /> Gause Of 1ess—GG4ered byanysiens , the—Bends o, :rsuran�e sea to he <br /> iRSUFanGe maintained Gn the GOrnpleted PF(�eG PUFGhased and maintained by the ether party in aGGOF <br /> �p <br /> OF pa thereof byQ%l./iIEF� partial d@RGe with AFtiGle 5 GR he basis Of RGR GeRforrnaRGei <br /> utflizatiOR -p with he ebjeGting party shall <br /> Substantial GGMP!et;C)R pursuant to p-- se notify the other party in writing with <br /> 4.94, or after final payment retie,, t Gf the—Ge#,nGates (Or other evidenGe <br /> paragraph 14.07. requested) required by paragraph 2.05.6. OWNER <br /> and II -�ravide tothe ether <br /> ER SUGh additional <br /> any loss, damage GF GE)RSeql ntl less previded as the ether may—reasen ly request. 1 <br /> Hither party sloes not pi i <br /> PFOViS;E)RS tE) tl�e efferut that in the e,veRt Of payment 0 BORds and insurailGe required of suGh party by the <br /> any suGh loss, damage, OF GORsequeRtial loss, th GGRtraGt DOGUmerlts, SUGh party shall notify the ethe-F <br /> iRSUFers will e no rights of recovery �apnnins} party in 'A'FitiRg Gf SUGh failure te PLAFGhase prier to the <br /> Brs, ENGINEER, - 9r start <br /> FAI(_INEER's GORSultants and + <br /> partnners, neflipleyeeir,-aagents, and ether GGRSFJIt'aRtS mme�``,, di'eQ�., <br /> and subG9RtraGtGFS of eaGh and any of thern-. may e!� <br /> preteet SUGh ether party's interests at the expense of <br /> 5.08 Receipt and Application of Insurance the party whe was Fequi to provide suGh reverage, <br /> Proceeds and a ChaRge Order shall be iffier+ to adjust +he <br /> }� <br /> A. Any—insured IGS6 under the , 0liG,ies--Gf <br /> ---- required by paragraph 5.06 will be adjusted 5.10 Partial Utilization, Acknowledgment of <br /> ilyith QWNIF� APH made payable to OWNER as Property Insurer <br /> few ;any far the greets their interests may <br /> A. If OWNER finds it necessary to occupy or use <br /> mortgage Glause and of paragraph 5.98.13. OWNER a portion or portions of the Work prior to Substantial <br /> shall deposit in a separate aGGGURt any meney so Completion of all the Work as provided in paragraph <br /> FeGeived and shall distribute itin aGGGrdaRGe with SUGh 14.05, no such use or occupancy shall commence <br /> agreement as the parties in interest may reach. If RG- before the insurers providing the property insurance <br /> ether 'al agreement aaheea the dan,agerd pursuant to paragraph 5.06 have acknowledged notice <br /> Work shall be repaired eF FeplaGed, the moneys se thereof and in writing effected any changes in cover- <br /> FeGeived applied OR aGGOURt thereof, and the We necessitated thereby. The insurers providing the <br /> and the (396t theFe9f GOVered by an apprGpFiate property insurance shall consent by endorsement on <br /> Amendment.Change Order oF Written the policy or policies, but the property insurance shall <br /> not be canceled or permitted to lapse on account of <br /> any such partial use or occupancy. <br /> 00700-General Conditions REV 5-10-13 <br /> 00700-18 <br /> F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1049_Sth St Sidewalk Improvements(58th Ave to 21st Court)\Ndmim\bid documents\LAP Documents\Master Contract <br /> Documents\00700-General Conditions REV 5-10-13.doc <br />