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ENGINEER's Consultants, and all other individuals or entities
<br /> identified in the Supplementary Conditions to be listed as 5. 09 Acceptance of Bonds and Insurance; Option to
<br /> insureds or additional insureds (and the officers, directors , Replaceftc In "5. 09 Acceptance of Bonds and
<br /> partners , employees, agents , and other consultants and Insurance; Option to Replace '
<br /> subcontractors of each and any of them ) under such policies for
<br /> losses and damages so caused . None of the above waivers A. If either OWNER or CONTRACTOR has any
<br /> shall extend to the rights that any party making such waiver may objection to the coverage afforded by or other provisions of the
<br /> have to the proceeds of insurance held by OWNER as trustee Bonds or insurance required to be purchased and maintained
<br /> or otherwise payable under any policy so issued . by the other party in accordance with Article 5 on the basis of
<br /> non-conformance with the Contract Documents, the objecting
<br /> B . OWNER waives all rights against CONTRACTOR, party shall so notify the other party in writing within 10 days after
<br /> Subcontractors , ENGINEER, ENGINEER's Consultants , and receipt of the certificates (or other evidence requested ) required
<br /> the officers , directors , partners , employees, agents, and other by paragraph 2.05. C. OWNER and CONTRACTOR shall each
<br /> consultants and subcontractors of each and any of them for: provide to the other such additional information in respect of
<br /> insurance provided as the other may reasonably request. If
<br /> 1 . 1oss due to business interruption , loss of use, or either party does not purchase or maintain all of the Bonds and
<br /> other consequential loss extending beyond direct insurance required of such party by the Contract Documents,
<br /> physical loss or damage to OWNER's property or the such party shall notify the other party in writing of such failure to
<br /> Work caused by, arising out of, or resulting from fire or purchase prior to the start of the Work, or of such
<br /> failure to
<br /> other peril whether or not insured by OWNER; and maintain prior to any change in the required coverage. Without
<br /> prejudice to any other right or remedy, the other party may elect
<br /> 2. Ioss or damage to the completed Project or part to obtain equivalent Bonds or insurance to protect such other
<br /> thereof caused by, arising out of, or resulting from fire or party's interests at the expense of the party who was required to
<br /> other insured peril or cause of loss covered by any provide such coverage, and a Change Order shall be issued
<br /> to
<br /> property insurance maintained on the completed Project adjust the Contract Price accordingly.
<br /> 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 Insurerftc In "5. 10 Partial Utilization, Acknowledgment
<br /> of
<br /> payment pursuant to paragraph 14.07. Property Insurer's
<br /> C. Any insurance policy maintained by OWNER covering A. If OWNER finds it necessary to occupy or use a
<br /> any loss , damage or consequential loss referred to in paragraph portion or portions of the Work prior to Substantial Completion
<br /> 5.07. 8 shall contain provisions to the effect that in the event of of all the Work as provided in paragraph 14.05, no such
<br /> use or
<br /> payment of any such loss , damage, or consequential loss, the occupancy shall commence before the insurers providing
<br />the
<br /> insurers will have no rights of recovery against CONTRACTOR, property insurance pursuant to paragraph 5. 06 have
<br /> Subcontractors , ENGINEER, or ENGINEER's Consultants and acknowledged notice thereof and in writing effected any
<br /> the officers , directors, partners, employees, agents, and other changes in coverage necessitated thereby. The
<br /> insurers
<br /> consultants and subcontractors of each and any of them. providing the property insurance shall consent by endorsement
<br /> on the policy or policies, but the property insurance shall not be
<br /> 5. 08 Receipt and Application of Insurance Proceeds(tc canceled or permitted to lapse on account of any such partial
<br /> In "5. 08 Receipt and Application of Insurance Proceeds7 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 "ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES")
<br /> interests may appear, subject to the requirements of any
<br /> applicable mortgage clause and of paragraph 5.08.8 . OWNER
<br /> shall deposit in a separate account any money so received and 6. 01 Supervision and Superintendenceftc In "6. 01
<br /> shall distribute it in accordance with such agreement as the Supervision and Superintendence "j
<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
<br />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-
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