Subcontractors

arising out of, or resulting from fire or other peril whether A. If OWNER has any objection to the coverageor not insured by OWNER; andafforded by or other provision of the insurance required tobe purchased and maintained by CONTRACTOR in2. loss or damage to the completed Project or part thereof accordance with this Article 5 on the basis of its notcaused by, arising out of, or resulting from fire or other complying with the Contract Documents. OWNER willinsured peril or cause of loss covered by any property notify CONTRACTOR in writing there of within ten daysinsurance maintained on the completed Project or part of the date of delivery of such certificate to OWNER inthereof by OWNER during partial utilization pursuant to accordance with paragraph 2.05. CONTRACTOR willparagraph 14.05, after Substantial Completion pursuant to provide such additional information in respect ofparagraph 14.04, or after final payment pursuant to insurance provided by CONTRACTOR as OWNER mayparagraph 14.07.reasonably recuestA. If either OWNER or CONTR CTOR has any objection to the coverage afforded by or otherC. Any insurance policy maintained by OWNER provisions of the Bonds or inPF :;ranc required to becovering any loss, damage or consequential loss referred to purchased and maintained by the other party in accordancein paragraph 5.07.B shall contain provisions to the effect wi'th Article 5 on the basis of non cvnf rnance vith thethat in the event of payment of any such loss, damage, or Contract Documen.ts, the objecting pa rt shall so noti' theconsequential loss, the insurers will have no rights of other party in .'.tiag within 10 days after receipt of therecovery against CONTRACTOR, Subcontractors, cetificates (or other evidenc e Fe uested) required byENGINEER, or ENGINEER's Consultants and the officers, paragraph 2.05.G. OWNER and CONTRXPCTOR shalldirectors, partners, employees, agents, and other consultants each provide to the other s uc additional infcnmation inand subcontractors of each and any of them.respect of insurance provided as the other may reasonablyrequest. If either pat does not purchawseo ma.intain all of5.08 Receipt and Application ofInsurance Proceeds the Bonds and insua nce required of suh party by the ConTfact DOGeRicnts, such pa" shall noti6' the otherc P", inA. Deleted, A. Any isured loss under the policies of .iting Of such failure to purchase pfrio to the st4 of theinsurance required by pF'agraph 5.06 will be adjusted with Work, or of such failure to n.intain pior to any.. change inOVALNJER and made pay able to OWNEfR as ficia'4fo the the required coverage. Without prejudice to aniy othier Fightinsureds, as their inteests ay appear, suibject to the or remedy, the other: part) mfay, elect to obtain equivalenrequirements of any applicable mortgage clause and t B nd or insurance to protect such other par."°s interests atpm-agraph 5.08A2. ONER shall deposit in ae t the expense of the party who was required topFo.ide- ,sc.acouent any Money so reei.ed and hall.. dis. f... iineerage, and. a Change Ordershall be issued to adjust theaccordanc 'ith tool; agreement as the parties imtcrest Contact Price accordingly.nmy reach. if no other special ageer..ent is reached, thedamaged Work shall he repaired or rfeplaced, the moneys so 5.10 Partial Utilization, Acknowledgment of Propertyreceived applied en acco unt.heeo a...nd theW r.k and. InsurerPAti.e~rf covered by an appropriate Change Order orWritten Amendment,A. If OWNER finds it necessary to occupy or use aportion or portions of the Work prior to SubstantialB, Deleted. B. O NER as fiduciar, shall have ..... t Completion of all the Work as provided in paragraph 14.05,ajust and se 1 an lo I .. with . the is..e unless one. oft no such use or occupancy shall commence before theparte~s in .nerest shall object in .Titing within is days afge insurers providing the property insurance pursuant tothe occurren.e of loss to OWN'ER's exercise of this power. paragraph 5.06 have acknowledged notice thereof and inIf: "eh objection be made, OWNER as fiduciafsh ll writing effected any changes in coverage necessitatedmake settlement with the insurers in accordance '.t such thereby. The insurers providing the property insurance shallageement as the paien ...ees. -. , each. i fno .such consent by endorsement on the policy or policies, but theagrccmruat among the paities in interest is reached, O'.'ThEP property insurance shall not be canceled or permitted toas fiduciarY shall adjut, .ad set4l@ the los w.th the lsi .. r lapse on account of any such partial use or occupancy.and, if required in wting by afay part.. in interest, OWNERas .......g' shall give bond for the Proper performance osuch duties.5.09 Acceptance of Bonds and Insurance; Option toReplaceEJCDC No. 1910-8 (1996 Edition) 007200- 18w/ JJG Modifications (Rev03/06/08)