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pletion pursuant to paragraph 14 . 04, or after final
<br /> payment pursuant to paragraph 14. 07 . 5. 10 Partial Utilization, Acknowledgment of Property
<br /> Insurer
<br /> C. Any insurance policy maintained by OWNER covering
<br /> any loss, damage or consequential loss referred to in paragraph A. If OWNER finds it necessary to occupy or use
<br /> a
<br /> 5.07. B shall contain provisions to the effect that in the event of portion or portions of the Work prior to Substantial
<br /> Completion
<br /> payment of any such loss , damage, or consequential loss , the of all the Work as provided in paragraph 14. 05, no such
<br /> use or
<br /> ' insurers will have no rights of recovery against CONTRACTOR, occupancy shall commence before the insurers providing the
<br /> Subcontractors, ENGINEER, or ENGINEER's Consultants and property insurance pursuant to paragraph 5. 06 have
<br /> the officers, directors, partners, employees , agents, and other acknowledged notice thereof and in writing effected
<br /> any
<br /> consultants and subcontractors of each and any of them. changes in coverage necessitated thereby. The insurers
<br /> providing the property insurance shall consent by endorsement
<br /> 5.08 Receipt and Application of Insurance Proceeds on the policy or policies , but the property insurance shall not be
<br /> canceled or permitted to lapse on account of any such partial
<br /> A. Any insured loss under the policies of insurance use or occupancy.
<br /> required by paragraph 5.06 will be adjusted with OWNER and
<br /> made payable to OWNER as fiduciary for the insureds , as their
<br /> interests may appear, subject to the requirements of any ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
<br /> applicable mortgage clause and of paragraph 5. 08. 8 . OWNER
<br /> shall deposit in a separate account any money so received and
<br /> shall distribute it in accordance with such agreement as the 6. 01 Supervision and Superintendence
<br /> parties in interest may reach. If no other special agreement is
<br /> reached , the damaged Work shall be repaired or replaced , the A. CONTRACTOR shall supervise, inspect, and direct
<br /> moneys so received applied on account thereof, and the Work the Work competently and efficiently, devoting such attention
<br /> and the cost thereof covered by an appropriate Change Order thereto . and applying such skills and expertise as
<br /> may be
<br /> or Written Amendment. necessary to perform the Work in accordance with the Contract
<br /> Documents. CONTRACTOR shall be solely responsible for the
<br /> B. OWNER as fiduciary shall have power to adjust and means , methods , techniques , sequences , and procedures of
<br /> settle any loss with the insurers unless one of the parties in construction , but CONTRACTOR shall not be responsible
<br /> for
<br /> interest shall object in writing within 15 days after the the negligence of OWNER or ENGINEER
<br /> in the design or
<br /> occurrence of loss to OWNER's exercise of this power. If such specification of a specific means, method , technique, sequence,
<br /> objection be made, OWNER as fiduciary shall make settlement or procedure of construction which is shown or indicated in and
<br /> with the insurers in accordance with such agreement as the expressly required by the Contract Documents. CON-
<br /> parties in interest may reach. If no such agreement among the TRACTOR shall be responsible to see that the completed Work
<br /> parties in interest is reached, OWNER as fiduciary shall adjust complies accurately with the Contract Documents .
<br /> and settle the loss with the insurers and, if required in writing by
<br /> any party in interest, OWNER as fiduciary shall give bond for B. At all times during the progress
<br /> of the Work,
<br /> the proper performance of such duties . CONTRACTOR shall assign a competent resident superin-
<br /> tendent thereto who shall not be replaced without written notice
<br /> 5.09 Acceptance of Bonds and Insurance; Option to to OWNER and ENGINEER except under extraordinary
<br /> Replace circumstances. The superintendent will be CONTRACTOR's
<br /> representative at the Site and shall have authority to act on
<br /> A. If either OWNER or CONTRACTOR has any behalf of CONTRACTOR. All communications given to or
<br /> objection to the coverage afforded by or other provisions of the received from the superintendent shall be binding on
<br /> Bonds or insurance required to be purchased and maintained CONTRACTOR.
<br /> by the other party in accordance with Article 5 on the basis of
<br /> non-conformance with the Contract Documents, the objecting 6. 02 Labor; Working Hours
<br /> party shall so notify the other party in writing within 10 days after
<br /> receipt of the certificates (or other evidence requested ) required A. CONTRACTOR shall provide competent, suitably
<br /> by paragraph 2.05. C. OWNER and CONTRACTOR shall each qualified personnel to survey, lay out, and construct the Work
<br /> provide to the other such additional information in respect of as required by the Contract Documents . CONTRACTOR
<br /> shall
<br /> insurance provided as the other may reasonably request. If at all times maintain good discipline and order at the Site.
<br /> either party does not purchase or maintain all of the Bonds and
<br /> insurance required of such party by the Contract Documents , B . Except as otherwise required for the
<br /> safety or
<br /> such party shall notify the other party in writing of such failure to protection of persons or the Work or property
<br />at the Site or
<br /> purchase prior to the start of the Work, or of such failure to adjacent thereto, and except as otherwise stated
<br /> in the Contract
<br /> maintain prior to any change in the required coverage. Without Documents , all Work at the Site shall be
<br /> performed during
<br /> prejudice to any other right or remedy, the other party may elect regular working hours, and CONTRACTOR will not
<br /> permit
<br /> to obtain equivalent Bonds or insurance to protect such other overtime work or the performance of Work
<br /> on Saturday,
<br /> party's interests at the expense of the party who was required to Sunday, or any legal holiday without OWNER's written consent
<br /> provide such coverage, and a Change Order shall be issued to (which will not be unreasonably withheld) given
<br /> after prior
<br /> adjust the Contract Price accordingly. written notice to ENGINEER.
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