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<br />I. loss due to business interruption, loss of use,
<br />or other consequential loss extending beyond direct
<br />physical loss or damage to Owner's property or the Work
<br />caused by, arising out of, or resulting from fire or other
<br />perils whether or not insured by Owner; and
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<br />2. loss or damage to the completed Project or
<br />part thereof caused by, arising out of, or resulting from
<br />fire or other insured peril or cause of loss covered by any
<br />property insurance maintained on the completed Project
<br />or part thereof by Owner during partial utilization
<br />pursuant to Paragraph 14.05, after Substantial Completion
<br />pursuant to Paragraph 14.04, or after final payment
<br />pursuant to Paragraph 14.07.
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<br />C. Any insurance policy maintained by Owner
<br />covering any loss, damage or consequential loss referred
<br />to in Paragraph 5.07.B shall contain provisions to the
<br />effect that in the event of payment of any such loss,
<br />damage, or consequential loss, the insurers will have no
<br />rights of recovery against Contractor, Subcontractors, or
<br />Engineer, and the officers, directors, partners, employees,
<br />agents, consultants and subcontractors of each and any of
<br />them.
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<br />5.08 Receipt and Application of Insurance Proceeds
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<br />A, Any insured loss under the . policies of
<br />insurance required by Paragraph 5.06 will be adjusted
<br />with Owner and made payable to Owner as fiduciary for
<br />the insureds, as their interests may appear, subject to the
<br />requirements of any applicable mortgage clause and of
<br />Paragraph 5.08.B. Owner shall deposit in a separate
<br />account any money so received and shall distribute it in
<br />accordance with such agreement as the parties in interest
<br />may reach. If no other special agreement is reached, the
<br />damaged Work shall be repaired or replaced, the moneys
<br />so received applied on account thereof, and the Work and
<br />the cost thereof covered by an appropriate Change Order.
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<br />B. Owner as fiduciary shall have power to adjust
<br />and settle any loss with the insurers unless one of the
<br />parties in interest shall object in writing within IS days
<br />after the occurrence of loss to Owner's exercise of this
<br />power. If such objection be made, Owner as fiduciary
<br />shall make settlement with the insurers in accordance with
<br />such agreement as the parties in interest may reach. If no
<br />such agreement among the parties in interest is reached,
<br />Owner as fiduciary shall adjust and settle the loss with the
<br />insurers and, if required in writing by any party in
<br />interest, Owner as fiduciary shall give bond for the proper
<br />perfonnance of such duties.
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<br />5.09 Acceptance of Bonds and Insurance; Option to
<br />Replace
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<br />A. If either Owner or Contractor has any
<br />objection to the coverage afforded by or other provisions
<br />of the bonds or insurance required to be purchased and
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<br />maintained by the other party in accordance with Article 5
<br />on the basis of non-conformance with the Contract
<br />Documents, the objecting party shall so notify the other
<br />party in writing within IO days after receipt of the
<br />certificates (or other evidence requested) required by
<br />Paragraph 2.0 I.B. Owner and Contractor shall each
<br />provide to the other such additional information in respect
<br />of insurance provided as the other may reasonably
<br />request. If either party does not purchase or maintain all
<br />of the bonds and insurance required of such party by the
<br />Contract Documents, such party shall notify the other
<br />party in writing of such failure to purchase prior to the
<br />start of the Work, or of such failure to maintain prior to
<br />any change in the required coverage. Without prejudice to
<br />any other right or remedy, the other party may elect to
<br />obtain equivalent bonds or insurance to protect such other
<br />party's interests at the expense of the party who was
<br />required to provide such coverage, and a Change Order
<br />shall be issued to adjust the Contract Price accordingly.
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<br />5.10 Partial Utilization, Acknowledgment of Property
<br />Insurer
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<br />A. If Owner finds it necessary to occupy or use a
<br />portion or portions of the Work prior to Substantial
<br />Completion of all the Work as provided in Paragraph
<br />14.05, no such use or occupancy shall commence before
<br />the insurers providing the property insurance pursuant to
<br />Paragraph 5.06 have acknowledged notice thereof and in
<br />writing effected any changes in coverage necessitated
<br />thereby. The insurers providing the property insurance
<br />shall consent by endorsement on the policy or policies,
<br />but the property insurance shall not be canceled or
<br />pennitted to lapse on account of any such partial use or
<br />occupancy.
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<br />ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
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<br />6.01 Supervision and Superintendence
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<br />A. Contractor shall supervise, inspect, and direct
<br />the Work competently and efficiently, devoting such
<br />attention thereto and applying such skills and expertise as
<br />may be necessary to perform the Work in accordance with
<br />the Contract Documents. Contractor shall be solely
<br />responsible for the means, methods, techniques,
<br />sequences, and procedures of construction. Contractor
<br />shall not be responsible for the negligence of Owner or
<br />Engineer in the design or specification of a specific
<br />means, method, technique, sequence, or procedure of
<br />construction which is shown or indicated in and expressly
<br />required by the Contract Documents.
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<br />B, At all times during the progress of the Work,
<br />Contractor shall assign a competent resident superin-
<br />tendent who shall not be replaced without written notice
<br />to Owner and Engineer except under extraordinary
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<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright i!d 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 18
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<br />04/08
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<br />06-5723
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