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2. looms or damage to the completed Pro <br />cause of Ions covered by any property <br />• -- - •- • - •-e-• _ _ -•- <br />or part thereof by OWNER during partial <br />14.04, or after final payment pursuant to <br />covering any loss, damage or consequential Ioe.s <br />referred to in paragraph 5.07.B shall contain <br />any such Toss, damage, or consequential loses, the <br />insurers will have no rights of recovery against <br />CONTRACTOR, Subcontractors, ENGINEER, or <br />- ` •' - - _ - _ <br />cers, directors, <br />partners, employees, agents, and other consultants <br />5.08 Receipt and Application of Insurance <br />Proceeds <br />A. Any insured loss under the policies of <br />- -e - e- -e .e !_ - -- - -e <br />with OWNER and made payable to OWNER as <br />fiduciary for the insureds, as their interests may <br />shall deposit in a separate account any money so <br />agreement as the parties in interest may reach. If no <br />other special agreement is reached, the damaged <br />Work shall be repaired or replaced, the moneys so <br />-es - e•- -- . - - - <br />and the cost thereof covered by an appropriate <br />Change Order or Written Amendment. <br />B. OWNER as fiduciary shall have power to <br />OWNER as fiduciary shall make settlement with the <br />proper performance of such duties. <br />5.09 Acceptance of Bonds and Insurance; Option <br />to Replace <br />A. If either OWNER or CONTRACTOR has any <br />objection to the cover <br />sions of the Bonds or insurance required to be <br />receipt of the certificates (or other evidence <br />e. -e -e- <br />and CONTRACTOR shall each provide to the other <br />any change in the required coverage. Without <br />may el <br />and a Change Order shall be i"sued to adjust the <br />Gantraet-Price accordingly. <br />5.10 Partial Utilization, Acknowledgment of <br />Property Insurer <br />A. If OWNER finds it necessary to occupy or use <br />a portion or portions of the Work prior to Substantial <br />Completion of all the Work as provided in paragraph <br />14.05, no such use or occupancy shall commence <br />before the insurers providing the property insurance <br />pursuant to paragraph 5.06 have acknowledged notice <br />thereof and in writing effected any changes in cover- <br />age necessitated thereby. The insurers providing the <br />property insurance shall consent by endorsement on <br />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 />ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES <br />6.01 Supervision and Superintendence <br />A. CONTRACTOR shall supervise, inspect, and <br />direct the Work competently and efficiently, devoting <br />such attention thereto and applying such skills and <br />expertise as may be necessary to perform the Work in <br />accordance with the Contract Documents. CON- <br />TRACTOR shall be solely responsible for the means, <br />methods, techniques, sequences, and procedures of <br />construction, but CONTRACTOR shall not be <br />responsible for the negligence of OWNER or <br />ENGINEER in the design or specification of a specific <br />00700 - General Conditions REV 5-10-13.doc <br />00700-18 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1427 -45th St Canal Enclosure at 43rd Ave \Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5- <br />10-13. doc <br />