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2008-247
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2008-247
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Last modified
2/6/2026 1:00:16 PM
Creation date
10/1/2015 12:28:03 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/12/2008
Control Number
2008-247
Agenda Item Number
15.A.1
Entity Name
Barth Construction
Subject
Fire Station #9 Part II Agreement
Area
Roseland Road
Supplemental fields
SmeadsoftID
7515
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agreements, written where legally required for validity, similar waivers each in favor of <br />other parties enumerated in this Section 7.3. The policies shall provide such waivers of <br />subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as <br />to a person or entity even though that person or entity would otherwise have a duty of <br />indemnification, contractual or otherwise, did not pay the insurance premium directly or <br />indirectly, and whether or not the person or entity had an insurable interest in the <br />property damaged. <br />§ 7.3.10 The Owner as trustee shall have power to adjust and settle a loss with insurers <br />unless one of the parties in interest shall object in writing, within five (5) days after <br />occurrence of loss to the Owner's exercise of this power; if such objection be made, the <br />parties shall enter into dispute resolution under procedures provided in Article 10. If <br />distribution of insurance proceeds by arbitration is required, the arbitrators will direct <br />such distribution. <br />§ 7.3.11 Partial occupancy or use prior to Substantial Completion shall not commence <br />until the insurance company or companies providing property insurance have consented <br />to such partial occupancy or use by endorsement or otherwise. The Owner and the <br />Design/ Builder shall take reasonable steps to obtain consent of the insurance company <br />or companies and shall not, without mutual written consent, take any action with respect <br />to partial occupancy or use that would cause cancellation, lapse or reduction of <br />coverage. <br />in <br />400 <br />-- <br />- - <br />-- <br />-- <br />-ANI <br />-- <br />AM <br />AIR <br />- <br />-- - <br />-- <br />AN <br />- <br />11 111111 1 111 1111 <br />AN <br />M�w�AMMOLWAMNOAasdoAN <br />0011�AMRWNM�wL�WAW�A <br />10 <br />PICUPI <br />§ 7.3.10 The Owner as trustee shall have power to adjust and settle a loss with insurers <br />unless one of the parties in interest shall object in writing, within five (5) days after <br />occurrence of loss to the Owner's exercise of this power; if such objection be made, the <br />parties shall enter into dispute resolution under procedures provided in Article 10. If <br />distribution of insurance proceeds by arbitration is required, the arbitrators will direct <br />such distribution. <br />§ 7.3.11 Partial occupancy or use prior to Substantial Completion shall not commence <br />until the insurance company or companies providing property insurance have consented <br />to such partial occupancy or use by endorsement or otherwise. The Owner and the <br />Design/ Builder shall take reasonable steps to obtain consent of the insurance company <br />or companies and shall not, without mutual written consent, take any action with respect <br />to partial occupancy or use that would cause cancellation, lapse or reduction of <br />coverage. <br />ARTICLE 8 CHANGES IN THE WORK <br />§ 8.1 CHANGES <br />§ 8.1 .1 Changes in the Work may be accomplished after execution of this Part 2 <br />Agreement, without invalidating this Part 2 Agreement, by Change Order, Construction <br />Change Directive, or order for a minor change in the Work, subject to the limitations <br />stated in the Contract Documents. <br />§ 8.1.2 A Change Order shall be based upon agreement between the Owner and the <br />Design/Builder; a Construction Change Directive may be issued by the Owner without <br />the agreement of the Design/Builder; an order for a minor change in the Work may be <br />issued by the Design/Builder alone. <br />13 <br />in <br />400 <br />ARTICLE 8 CHANGES IN THE WORK <br />§ 8.1 CHANGES <br />§ 8.1 .1 Changes in the Work may be accomplished after execution of this Part 2 <br />Agreement, without invalidating this Part 2 Agreement, by Change Order, Construction <br />Change Directive, or order for a minor change in the Work, subject to the limitations <br />stated in the Contract Documents. <br />§ 8.1.2 A Change Order shall be based upon agreement between the Owner and the <br />Design/Builder; a Construction Change Directive may be issued by the Owner without <br />the agreement of the Design/Builder; an order for a minor change in the Work may be <br />issued by the Design/Builder alone. <br />13 <br />
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