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<br />00700 - 16/38
<br />performance of the Work, or in guarding or maintaining the same, or from
<br />any improper materials, implements, or appliances used in its
<br />construction, or by or on account of any act or omission of the
<br />CONTRACTOR, its employees, or agents;
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<br />2. Liability or claims arising directly or indirectly from bodily injury,
<br />occupational sickness or disease, or death of the CONTRACTOR's or
<br />Subcontractor's own employees engaged in the Work resulting in actions
<br />brought by or on behalf of such employees against the OWNER and/or
<br />the CONSULTANT;
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<br />3. Liability or claims arising directly or indirectly from or based on the
<br />violation of any law, ordinance, regulation, order, or decree, whether by
<br />the CONTRACTOR, its employees, or agents;
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<br />4. Liability or claims arising directly or indirectly from the use or manufacture
<br />by the CONTRACTOR, its employees, or agents in the performance of
<br />this Contract of any copyrighted or uncopyrighted composition, secret
<br />process, patented or unpatented invention, article, or appliance, unless
<br />otherwise specifically stipulated in this Contract;
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<br />5. Liability or claims arising directly or indirectly from the breach of any
<br />warranties, whether express or implied, made to the OWNER or any other
<br />parties by the CONTRACTOR, its employees, or agents;
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<br />6. Liabilities or claims arising directly or indirectly from the willful misconduct
<br />of the CONTRACTOR, its employees, or agents; and,
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<br />7. Liabilities or claims arising directly or indirectly from any breach of the
<br />obligations assumed herein by the CONTRACTOR.
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<br />B. The CONTRACTOR shall reimburse the OWNER, and the CONSULTANT for all
<br />costs and expenses, (including but not limited to fees and charges of engineers,
<br />architects, attorneys, and other professionals and court costs) incurred by said
<br />OWNER, and the ENGINEER/CONSULTANT in enforcing the provisions of this
<br />Paragraph 6.13.
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<br />C. The indemnification obligation under this Paragraph 6.13 shall not be limited in
<br />any way by any limitation of the amount or type of damages, compensation, or
<br />benefits payable by or for the CONTRACTOR or any such subcontractor or other
<br />person or organization under workers' compensation acts, disability benefit acts,
<br />or other employee benefit acts.
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<br />6.14 CONTRACTOR'S DAILY REPORTS
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<br />A. The CONTRACTOR shall complete a daily report indicating manpower, major
<br />equipment, subcontractors, weather conditions, etc., involved in the performance
<br />of the Work. The daily report shall be completed on forms prepared by the
<br />CONTRACTOR and acceptable to the ENGINEER. A copy of the daily reports
<br />and as-builts, for the period covered, will be submitted to the owner with each
<br />pay request.
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