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5 .08 Receipt and Application of Insurance and a Change Order shall be issued to adjust the Proceeds Contract Price accordingly. A. Pay iRselFed- age- MiRdeF the 5 . 10 Partial Utilization, Acknowledgment of insurance required by paragraph 5 .06 will be adjus d Property Insurer .Ir with OWNER and made payable to OWNE as fiduciary for the insureds , as their interest may A. If OWNER finds it necessary to occupy or use appear, subject to the requirements of any a livable a portion or portions of the Work prior to Substantial mortgage clause and of paragraph 5 . 08 . OWNER Completion of all the Work as provided in paragraph shall deposit in a separate account a money so 14 .05 , no such use or occupancy shall commence received and shall distribute it in accord ce with such before the insurers providing the property insurance agreement as the parties in interest ay reach . If no pursuant to paragraph 5 .06 have acknowledged notice other special agreement is reac d , the damaged thereof and in writing effected any changes in cover- Work shall be repaired or rept ed , the moneys so age necessitated thereby. The insurers providing the received applied on account ereof, and the Work property insurance shall consent by endorsement on and the cost thereof cov ed by an appropriate the policy or policies , but the property insurance shall Change Order or Written endment. not be canceled or permitted to lapse on account of any such partial use or occupancy. B . OWNER as f uciary shall have power to adjust and settle any ss with the insurers unless one of the parties in int est shall object in writing within 15 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES days after the ccurrence of loss to OWNER's exercise of thi power. If such objection be made, OWNER as duciary shall make settlement with the 6 . 01 Supervision and Superintendence insurers in ccordance with such agreement as the parties i interest may reach . If no such agreement A. CONTRACTOR shall supervise , inspect, and amon a parties in interest is reached , OWNER as direct the Work competently and efficiently, devoting fiduc' ry shall adjust and settle the loss with the such attention thereto and applying such skills and ins ers and , if required in writing by any party in expertise as may be necessary to perform the Work in i erest, OWNER as fiduciary shall give bond for the accordance with the Contract Documents . CON- •r• TRACTOR shall be solely responsible for the means , methods, techniques , sequences , and procedures of 5 . 09 Acceptance of Bonds and Insurance; Option construction , but CONTRACTOR shall not be to Replace responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific A. If either OWNER or CONTRACTOR has any means , method , technique , sequence , or procedure of objection to the coverage afforded by or other provi- construction which is shown or indicated in and .n sions of the Bonds or insurance required to be expressly required by the Contract Documents . CON- purchased and maintained by the other party in accor- TRACTOR shall be responsible to see that the dance with Article 5 on the basis of non-conformance completed Work complies accurately with the Contract with the Contract Documents , the objecting party shall Documents . so notify the other party in writing within 10 days after receipt of the certificates (or other evidence B . At all times during the progress of the Work, requested ) required by paragraph 2 .05 . C . OWNER CONTRACTOR shall assign a competent resident and CONTRACTOR shall each provide to the other superintendent thereto who shall not be replaced such additional information in respect of insurance without written notice to OWNER and ENGINEER provided as the other may reasonably request. If except under extraordinary circumstances . The either party does not purchase or maintain all of the superintendent will be CONTRACTOR's Bonds and insurance required of such party by the representative at the Site and shall have authority to Contract Documents , such party shall notify the other act on behalf of CONTRACTOR. All communications party in writing of such failure to purchase prior to the given to or received from the superintendent shall be start of the Work, or of such failure to maintain prior to binding on CONTRACTOR. any change in the required coverage . Without prejudice to any other right or remedy, the other party 6 . 02 Labor, Working Hours may elect to obtain equivalent Bonds or insurance to " protect such other party's interests at the expense of A. CONTRACTOR shall provide competent, the party who was required to provide such coverage, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- 0016-00700 - General Conditions Page 18 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc