Reso 2005-825 - Laserfiche WebLink

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B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in 6.01 Supervision and Superintendence interest shaJ1 object in' writiq within 15 days after the occ:uaCDCC of loss CO OWNER's cxa'CUe of this power. If A. CONTRACTOR sball supervise, inspect,.aDd 4irect such objection be made, OWNER. IS fiduciary shall make the Wad:: compet"'tttly aDd efticieDdy, dl:woCiDc such attaItion scaJemeut with the iDsurm in accordaDce with sucl1 thereto aDd applying such sldUs aDd expertise .. may be agreemeat IS die parties ill imcrcst may reach. If DO sucl1 necessary to perform the Work ill accordaDce with Ibe ~ IIIIDD& Cbe pal1ies in iaraat is ~he:d.. OWNER ComrIct ~.~. CONTRACTOR IbaII be IOldy .. fiduciaIy IhaIlldjust ad reaIe die loss with the iasurcn J'eSlK"'ISibIe for die meaDS, med1ocIs. t&dmiquca, aequeaces, ad. If~ ia wridaa by III)' party In iatcreIt. OWNER.:'- 'aDd pI~~ of'-clCmstructioD..'" CONTRACI'OR IbaIl as f'Kluciary sbaI1 give bond for cbc proper performaacc of ,DOt be lCIpOIISIole :.for.:the ncgIigeace.. of, OWNER or. such duties. ENGINEER. in:Cbc .design '.01", specificatioa of a specific mcaas,' method, tecbDiquc, sequeace, or proceclure of coastructioa wbich is shown or indi{"...ted in aad expressly requinld by cbc CoaIracll)nto.lnn~. CONTRACl'OR shal1 be rcspoasible to see d1at the completed Work complies accurately with the Comract Documems. pursuant co paragraph 14.04, or after fmal payment pumw1l to paragraph 14.07. C. Any iDsuraDce policy maintained by OWNER cover- ing my loss, damage or consequential loss referred to in paragraph 5.07.B shall COD1aiJ1 provisions 10 the effect that in the eveDl of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consullallts and the officers. direcIOrs, partners, employees, agents, and other consultants and subcontractors of each aDd any of them. 5.08 Receipt D1II1 Appliauion of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable CO OWNER as fiduciary for the insureds, as their iDlerests may appear, subject to the requirements of" any applicable mortgage clause and of paragraph S.08.B. OWNER. shall deposit ill a separate acc:oUllt any moucy so receiwd aad sbalI distribute it in accordaDce with such agnlC. meat as Ibe parties in interest may reach. If DO other special asreelllClll is reacbed, the damaged Work sbaU be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.09 AcctplDllCt of Bonds and Insurance,. Option to Repl<<e A. If eilber OWNER or CONTRACTOR has any objection to the coverage afforded by or ocher provisious of the DoDds or iDsuraDce RqUiIed to be purcbased aad rmamnn-f by 1bc ocbcr party in ICCOrdaDce widl Article 5 on 1bc basil of DOD~ormaace with Ibe CoDIract Documents, the objectiag pm, IbaIlIO aacify ~ OCher pm, in writiDg widdD 10 days after receipt of lire ccnificIrt:a (or OCher eYideace requeacI) required by parasrIJIh 2.05.C. OWNER. aDd CONTRAcroR shall each provide to Ibe ocher such Idditit-I iDformIdoa. in respect or iasunace provided IS lbc other may reuoaably request. If either pm, does DOt . padIase or _iftt.1n III of die Boads IDd iasurIDoe required 00700 . 18 n of such party by tbe Contract Documencs, such party shall u notify the other party in writing of such failure 10 purchase prior 10 the start of the Wort, or of such fallure to m.intain n prior to any change in the required coverage. Withou prejudice to any other right or remedy, the other pany may elect 10 obtain equivalent Bonds or insurance CO protect such other party's interests at the expense of the party who was required to provide such coverage, and a ChaDge Order shall be issued to adjust the Contract Price accordingly. LJ n LJ n 5.10 Panial Util;zalion, AcknowledgnumJ of Property Insurer LJ n A. If OWNER f!Dds it necessary to occupy or use a portion or ponions of the Work prior CO Substantial .Completion of.al1the Work &S provided in paragraph 14.05. no such use 'or occupancy shalI'com~ before Ibe iasurers providing Ibe property insuraDce:purIUIIIt CO paragraph 5.06 have acknowledged notice thereof and In writiDg effected any changes in coverage necessitated thereby. The insurers providing the. property insurance shall COD.SeDt by eadone- meat on the policy or policies, but the property iDsurance shall not be canceled or permitted CO lapse on accoum of any such pania1 use or occupancy. u n LJ n LJ )l u n ARTICLE 6.; CONTRACTOR'S RESPONSmlUTIES u n u n u fI LJ n u n LJ B. At all times' duriag Cbe progress of 'die ,Wort, CONTRACTOR shall assign a competeat residellt superiD- teadellt tber$ who shall DOt be replacecl without wriuen DOUce to OWNER and ENGINBBR except UDder extnordiaary ~.'"~.III"CI. The superiateDdeat wID be C01)lTRACTOR's rep...-m-tive lilbe SiIe aad shall have authority to. act on behalf of CONTRACI'OL An cornmt,,"<:aI'tioas giwu fD or receiwld !rom Ibe superiatcDdcDt sha1I be biDdiag on CONTRACl'OR. n LJ n LJ n LJ n LJ n LJ