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420 Brown Road South - 03-117-23-42-0010
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Project Packet
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architects, attorneys and other prof es;tonal 1. If not covered <br />-order the "all risk" insurance or otherwise provided in the <br />Supplementary Conditions. CONTRACTOR shall purchase <br />and maintain similar property insurance on portions of the <br />Work stored on and off the site or in transit when such por <br />tions of the Work are to be included in an Application for <br />Payment. The polictes of insurance required to he purchased <br />and maintained by OWNER in accordance with paragraphs <br />s.6 and 5 ' shall contain a provision that the coverage <br />afforded will not be cancelled or materially changed until at <br />least thirty days' prior written notice has been given to <br />CONTRACTOR. <br />5.' OWNER shall purchase and maritain such boiler and <br />machinery insurance as may be requ,-ed by the Supplemen- <br />tary Conditions or by law. This insurance shall include the <br />interests of OWNER. CONTRACTOR and Subcontractors in <br />the Work. <br />5.8. OWNER shall nor be responsible for purchasing and <br />maintaining any property insurance to protect the interests of <br />CONTRACTOR or Subcontractors in the Work to the event <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 />5.4. If CONTRACTOR requests in writing that other spe- <br />cial insurance be included in the property insurance policy, <br />OWNER shall, if possible, include such insurance, and the <br />cost thereof shall be charged to CONTRACTOR by appropri- <br />ate Change Order. Prior to commencement of the Work at the <br />site. OWNER will in writing advise CONTRACTOR whether <br />or not such other insurance has been procured by OWNER. <br />Waiver of Rr-his. <br />5.10. OWNER and CONTRACTOR waive all rights <br />agains- each other and the Subcontractors and their agents <br />and employees and against ENGINEER and separate contrac- <br />tors lit am) and their subcontractors' ajtents and employees. <br />for damages caused by fire or ether perils to the extent cos <br />ered by insurance provided under paragraphs 5.6 and 5 ', m- <br />clusrve, or any other property insurance applicable to the <br />Work, except such rights as they may have it) the proceeds of <br />such insurance held by OWNER as trustee. OWNER shall re <br />quire similar 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 applicable): each such waiver %tit he n <br />favor of all other panic enumeraied in this paragraph' 10 <br />Recetpr and Application of Proceeds <br />5 II `nv insured loss under he policies of insurance <br />required hs paragraphs 4.6 and ` - .halt he adiusied with <br />(1W NER and malt payable to OWNER as trustee for the <br />insureds, as 'heir interests may appear, subject to the <br />requirements of anv applicable mortgage clause and of para- <br />graph 5.12. OWNER shall deposit in a separate account any <br />money so received, and he shall distribute it in accordance <br />with such agreement as the parties in interest may reach. If no <br />other special agreement is reached the damaged Work shall he <br />repaired or replaced, the monevs so received applied on <br />account thereof and the Work and the cost thereof covered by <br />an appropriate Change Order. <br />s 1- OWNER as trustee shall have power to adjust and <br />settle any loss with the insureis unless one of the parties in <br />interest shall object in writing within fifteen days after the <br />occurrence of loss to OWNER's exercise of this power. If <br />such objection be made, OWNER as trustee shall make settle- <br />ment with 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 performance of <br />his duties. <br />Acceptance of Insurance: <br />5.13. If OWNER has any objection to the coverage <br />afforded 1%, or other provisions of the insurance required to <br />be purchased and maintained by CONTRACTOR in actor <br />dance with paragraphs 5.3 and 5.4 on the basis of its not con, <br />plying with the Contract Documents, OWNER will notify <br />CONTRACTOR in writing 1' •reof within ten days of the date <br />of delivery of such certific, o OWNER in accordance with <br />paragraph 2 If CONTRACTOR has any objection to the <br />coverage afforded by or other provisions of the policies of <br />insurance required to tie purchased and maintained by <br />OWNER in accordance with paragraphs 5.6 and 5.7 on the <br />basis of their not complying with the Contract Documents, <br />CONTRACTOk will notify OWNER in writing thereof with- <br />in ten days of the date of Jeh%ery of such certificates to CON- <br />TRACTOR in accordance with paragraph 2.7. 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 reques-. Failure 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 be the other as complying with the Contract <br />Documents. <br />Partial C tilization—Propern Insurance. <br />5 14. If OWNER finds it necessary to occupy or use a <br />portion or portions of the W ork prior to Sut•stantial Comple- <br />tion of all the Work, such use or occupancy may be accom- <br />plished in accordance with paragraph 14 i0: provided that no <br />such use or occuptrtcy shall commence before the insurers <br />providing the property insurance have acknowledged notice <br />thereof and in writing effected the changes in coverage neces• <br />sitated thereby The insurers providing the property insurance <br />shall consent by endorsement on the polies or policies, but the <br />property insurance shall not he .ance!led or lapse on account <br />of any such partial use or occupants <br />ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES <br />Supervision and Superintendence <br />n 1 CONTRACTOR shall supervise and direct the Work <br />competently and efficientiv, devoting such attention thereto <br />
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