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Baldur Park Road
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1340 Baldur Park Road - 08-117-23-31-0015
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82-669, PLAT
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Project Packet
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architects, attorneys and other professionals). If not covered <br />under the "all risk" insurance or otherwise provided in the <br />Supplementary Conditions, C.JNTRACTOR shall purcha_c <br />and maintain similar property insurance on portions of the <br />Work stored on and off the site o• in transit when such por- <br />t.ons of the Work are to be included in an Application for <br />Payment. The policies ref insurance required to be purchased <br />and maintained by nWNER in accordance with paragraphs <br />5.o and 5.7 shall :oritain a provision that the coverage <br />afforded will not be cancelled or materially .hanged until at <br />I-ast thirty days' prior written notice has been given to <br />CONTRACTOR. <br />5.' OWNER shall .irchase and maintain such boiler and <br />machinery insurance as may be rewired by the Supplemen- <br />tary Conditions or by law. This insurance shall include the <br />interests of Oµ NER. CONTRACTOR and Subcontractors in <br />the Work. <br />5.3 OWNER shall not be responsible for purchasing and <br />maintaining any property insurance to protect the interests )t <br />CONTRACTOR or Subcontractors in the Work to the extent <br />of any deductible amounts that are provided in the Supple- <br />mentary Conditions. If CONTRACTOR wishes property <br />insurance coverage within the limits of such amounts. <br />CONTRACTOR may purchase and maintain it at his own <br />expense. <br />5.9. If CONTRACTOR requests in writing :hat other spe- <br />cial insurance be included in the property insurance policy. <br />OWNER shall, if possible include such insurance, and the <br />cost there if shall be charged to CONTRACTOR by appropri- <br />ate Change Order Pnor to commen -ement of the Work at the <br />site. OWNER will in writing advise CONTRACTOR whether <br />or no: such other insurance has been procured by OWNER <br />Waive - of Rights: <br />5 10 OWNER and CONTRACTOR waive all right, <br />against each other and the Subcontractors and their agents <br />and employees and against ENGINEER and separate contrac <br />tors tit any) a.id their subcontractors' agents and employers. <br />for damages caused by fire or other perils o the extent Cov- <br />ered by insurance provided under paragraphs 5.6 and 5 ', in- <br />clusive, or any other property insurance applicable to the <br />Work, except such rights as they may have to the proceeds of <br />such insurance held by OWNER as trustee. OWNER shall re- <br />quire .imilaf written waivers by ENGINEER and from each <br />separate contractor, and CONTRACTOR shall require simi- <br />lar written waivers from each Subcontractor tin accordance <br />with paragraph 6 11 as appiicablei. each such waiver will be in <br />favor of all other parties enumerated in this paragraph 5 10. <br />Receipt and Apphcanon of P,ix-reds. <br />5 11 Any insured loss under the policies of insuram c <br />required by paragraphs 5 6 and 5 ' shall be adjusted with <br />OWNER and made payable to OWNER as trustee for the <br />insureds, as their interests may appear. subject to the <br />requirements of any applicable mortgage .4use and of para- <br />graph 5 l= OWNER shall deposit in a separate account any <br />money so received, and he shall distribute it in accordance <br />with such agreement as he parties in interest may reach It no <br />other special agreement ,s reached the damaged Work snail ^e <br />repaired or replaced, the moneys so received applied on <br />account thereof and the Work and the cost thereof covered by <br />an appropriate Change Order. <br />5.12. OWNER as trustee shall have power to adjust and <br />settle any loss with the insurers unless one of he parties is <br />interest shall object in writing within fifteen days after the <br />occurrence of loss to OWNER's exercise of this power. if <br />suca objectio- be made, OWNER as trustee shall make settle- <br />ment w,th the insurers in accordance with such agreement as <br />the parties in interest may reach. If required in writing by any <br />party in interest, OWNER as trustee shall upon the occurrence <br />of an insured loss• give bond for the proper per,ormance of <br />his duties <br />.acceptance of Insurance. <br />5.13 If OWNER has any objection to the coverage <br />afforded by or other provisions of the insurance required o <br />be purchased and maintau,ed by CONTRACTOR in accor- <br />dance with paragraphs 5 3 and 5 4 on the basis of its not com- <br />-lying with the Contract Dtxuments, OWNER will notify <br />CONTRACTOR :n writing thereof within ten days of the date <br />of delivery of such certificates to O% NER in accordance with <br />paragraph 2 ' If CONTRACTOR has anv objection to the <br />coverage afforded by or other provisions of the policies of <br />insurance required to be purchased and maintained by <br />OWNER in accordance with paragraphs 5 6 and 5 ' on the <br />basis of their not complying with the Contra: Documents, <br />CONTRACTOR will notify OWNER in writing thereof with- <br />in ten Jays of the date of defivery of such certificates to CON- <br />TRACTOR in accordance with paragraph 2.' OWNER and <br />CONTRACTOR will each provide to the other such addi- <br />tional information in respect of insurance provided by him as <br />the other may reasonably request. Fiiiure by OWNER or <br />CONTRACTOR to give any such notice of objection within <br />the time provided shall constitute acceptance of such insur- <br />ance purchased by the other as complying with the C.mtra <br />Documents <br />Partial L'rrlrtarton—P►operry Insurance: <br />5.14 If OWNER finds it necessary to occupy x use a <br />portion or portions of the Work prior to Suurantial Comple- <br />tion of all .he Work, such use or occupancy may oe ?ccom- <br />plished in accordance with paragraph 14 10: provided that no <br />such use or occupancy shall :ommence before the mvurers <br />providing the propteny insurance have acknowiedgevl notice <br />thereof and in writing etfected the changes ,n coverage nteces- <br />suated thereby The insurers providing the property insu. ante <br />shall consent by endorsement on the policy or policies. but the <br />property insurance shall not be :anceiled or lapse on account <br />of any such partia. use or occupancy <br />ARTICLE is-CONTRAC?OWS RLSPO%SIHILiTIES <br />Supienvsron and Superintendence <br />fh.1 CONTRACTOR shall supervise and direct the work <br />competently and efficiently. devoting such attentsoe thereto <br />
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