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2008-247
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2008-247
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Last modified
4/8/2016 10:19:31 AM
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 . 9 if Fequired On writing by a party iR iRteFest , the OwneF as tFU6tee shall , UpeR <br /> shall distribute on aGGOFdaRGe with SUGh agFeement as the parties in inteFe6t may FeaGh , <br /> provided in 4 rtinle 1 f1 If after c , , nh Inco no other 6penial agreement is made , <br /> , <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 /> LOSS OF USE OF INSURANCE <br /> A 7 • A 1 The QWRer at the nwner' 6 option may p , , rrhace and maintain 6 , , nh iRSUFa_nr <br /> DesigRiBuildei: fE) F less of use of the i <br /> due to fire or other hazards , , � ihoeyer nau6ed <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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