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or part thereof by OWNER during partial utilization
<br /> pursuant to paragraph 14.05, after Substantial Com- 5. 10 Partial Utilization, Acknowledgment of Property
<br /> pletion pursuant to paragraph 14.04, or after final Insurer
<br /> payment pursuant to paragraph 14 .07.
<br /> A. If OWNER finds it necessary to occupy or use a
<br /> C. Any insurance policy maintained by OWNER covering portion or portions of the Work prior to Substantial Completion
<br /> any loss, damage or consequential loss referred to in paragraph of all the Work as provided in paragraph 14.05, no such use or
<br /> 5.07.8 shall contain provisions to the effect that in the event of occupancy shall commence before the insurers providing the
<br /> payment of any such loss, damage, or consequential loss, the property insurance pursuant to paragraph 5.06 have
<br /> insurers will have no rights of recovery against CONTRACTOR, acknowledged notice thereof and in writing effected any
<br /> Subcontractors, ENGINEER, or ENGINEER's Consultants and changes in coverage necessitated thereby. The insurers
<br /> the officers, directors, partners, employees, agents, and other providing the property insurance shall consent by endorsement
<br /> consultants and subcontractors of each and any of them. 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 /> 5.08 Receipt and Application of Insurance Proceeds use or occupancy.
<br /> A. Any insured loss under the policies of insurance
<br /> required by paragraph 5.06 will be adjusted with OWNER and ARTICLE 6 - CONTRACTOR 'S RESPONSIBILITIES
<br /> made payable to OWNER as fiduciary for the insureds, as their
<br /> interests may appear, subject to the requirements of any
<br /> applicable mortgage clause and of paragraph 5.08 .8 . OWNER 6.01 Supervision and Superintendence
<br /> shall deposit in a separate account any money so received and
<br /> shall distribute it in accordance with such agreement as the A. CONTRACTOR shall supervise, inspect, and direct
<br /> parties in interest may reach . If no other special agreement is the Work competently and efficiently, devoting such attention
<br /> reached , the damaged Work shall be repaired or replaced, the thereto and applying such skills and expertise as may be
<br /> moneys so received applied on account thereof, and the Work necessary to perform the Work in accordance with the Contract
<br /> and the cost thereof covered by an appropriate Change Order Documents. CONTRACTOR shall be solely responsible for the
<br /> or Written Amendment. means, methods, techniques, sequences, and procedures of
<br /> construction, but CONTRACTOR shall not be responsible for
<br /> B . OWNER as fiduciary shall have power to adjust and the negligence of OWNER or ENGINEER in the design or
<br /> settle any loss with the insurers unless one of the parties in specification of a specific means, method, technique, sequence,
<br /> interest shall object in writing within 15 days after the or procedure of construction which is shown or indicated in and
<br /> occurrence of loss to OWNER's exercise of this power. If such expressly required by the Contract Documents. CON-
<br /> objection be made, OWNER as fiduciary shall make settlement TRACTOR shall be responsible to see that the completed Work
<br /> with the insurers in accordance with such agreement as the complies accurately with the Contract Documents.
<br /> panties in interest may reach . If no such agreement among the
<br /> parties in interest is reached, OWNER as fiduciary shall adjust B . At all times during the progress of the Work,
<br /> and settle the loss with the insurers and, if required in writing by CONTRACTOR shall assign a competent resident superin-
<br /> any party in interest, OWNER as fiduciary shall give bond for tendent thereto who shall not be replaced without written notice
<br /> the proper performance of such duties. to OWNER and ENGINEER except under extraordinary
<br /> circumstances. The superintendent will be CONTRACTOR's
<br /> 5.09 Acceptance of Bonds and Insurance; Option to representative at the Site and shall have authority to act on
<br /> Replace behalf of CONTRACTOR. All communications given to or
<br /> received from the superintendent shall be binding on
<br /> A. If either OWNER or CONTRACTOR has any CONTRACTOR.
<br /> objection to the coverage afforded by or other provisions of the
<br /> Bonds or insurance required to be purchased and maintained 6.02 Labor, Working Hours
<br /> by the other party in accordance with Article 5 on the basis of -
<br /> non-conformance with the Contract Documents, the objecting A. CONTRACTOR shall provide competent, suitably
<br /> party shall so notify the other party in writing within 10 days after qualified personnel to survey, lay out, and construct the Work as
<br /> receipt of the certificates (or other evidence requested) required required by the Contract Documents. CONTRACTOR shall at
<br /> by paragraph 2.05.C. OWNER and CONTRACTOR shall each all times maintain good discipline and order at the Site.
<br /> provide to the other such additional information in respect of
<br /> insurance provided as the other may reasonably request. If B. Except as otherwise required for the safety or
<br /> either party does not purchase or maintain all of the Bonds and protection of persons or the Work or property at the Site or
<br /> insurance required of such party by the Contract Documents, adjacent thereto, and except as otherwise stated in the Contract
<br /> such party shall notify the other party in writing of such failure to Documents, all Work at the Site shall be performed during
<br /> purchase prior to the start of the Work, or of such failure to regular working hours, and CONTRACTOR will not permit
<br /> maintain prior to any change in the required coverage. Without overtime work or the performance of Work on Saturday,
<br /> prejudice to any other right or remedy, the other party may elect Sunday, or any legal holiday without OWNER's written consent
<br /> to obtain equivalent Bonds or insurance to protect such other (which will not be unreasonably withheld) given after prior
<br /> party's interests at the expense of the party who was required to written notice to ENGINEER.
<br /> provide such coverage, and a Change Order shall be issued to
<br /> adjust the Contract Price accordingly.
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