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<br />entities to be submitted to OWNER in advance for acceptance
<br />by OWNER by a specified date prior to the Effective Date of
<br />the Agreement, and if CONTRACTOR has submitted a list
<br />thereof in accordance with the Supplementary Conditions,
<br />OWNER's acceptance (either in writing or by failing to make
<br />written objection thereto by the date indicated for acceptance
<br />'or objection in the Bidding Documents or the Contract
<br />Documents) of any such Subcontractor, Supplier, or other
<br />individual or entity so identified may be revoked on the basis
<br />of reasonable objection after due investigation. CON-
<br />TRACTOR shall submit an acceptable replacement for the
<br />rejected Subcontractor, Supplier, or other individual or
<br />entity. and the Contract Price will be adjusted by the differ-
<br />ence in the cost occasioned by such replacement, and an
<br />appropriate Change Order will be issued or Written
<br />Amendment signed. No acceptance by OWNER of any such
<br />Subcontractor. Supplier, or other individual or entity,
<br />whether initially or as a replacement, shall constitute a
<br />waiver of any right of OWNER or ENGINEER to reject
<br />defective Work.
<br />
<br />C. CONTRACTOR sh.all be fully responsible to
<br />OWNER and ENGINEER for all acts and omissions of the
<br />Subcontractors, Suppliers, and other individuals or entities
<br />performing or furnishing any of the Work just as
<br />CONTRACTOR is responsible for CONTRACTOR's own
<br />acts and omissions. Nothing in the Contract Documents shall
<br />create for the benefit of any such Subcontractor, Supplier, or
<br />other individual or entity any contractual relationship between
<br />OWNER or ENGINEER and any such Subcontractor,
<br />Supplier or other individual or entity, nor shall it create any
<br />obligation on the part of OWNER or ENGINEER to payor
<br />to.see to the payment of any moneys due any such Subcon-
<br />tractor, Supplier, or other individual or entity except as may
<br />otherwise be required by Laws and Regulations.
<br />
<br />D. CONTRACTOR shall be solely responsible for
<br />scheduling and coordinating the Work of Subcontractors.
<br />Suppliers. and other individuals or entities performing ,or.
<br />furnishing any of the Work under a direct or indirect contract..
<br />with CONTRACTOR.
<br />
<br />E. CONTRACTOR shall require all Subcontractors,
<br />Suppliers, and such other individuals or entities performing
<br />or furnishing any of the Work to communicate with ENGI-
<br />NEER through CONTRACTOR.
<br />
<br />F. The divisions and sections of the Specifications and
<br />the identifications of any Drawings shall not control
<br />CONTRAcroR in dividing the Work among Subcontractors
<br />or Suppliers or delineating the Work to be performed by any
<br />specific trade.
<br />
<br />G. All Work performed for CONTRACTOR by a
<br />Subcontractor or Supplier will be pursuant to an appropriate
<br />agreement between CONTRACTOR and the Subcontractor
<br />
<br />or Supplier which specifically binds the Subcontractor or
<br />Supplier to the applicable terms and conditions of the
<br />Contract Documents for the benefit of OWNER and
<br />ENGINEER. Whenever any such agreement is with a
<br />Subcontractor or Supplier wbo is listed as an additional
<br />insured on the property insurance provided in paragraph
<br />5.06, the agreement between the CONTRACTOR and the
<br />Subcontractor or Supplier will contain provisions whereby
<br />the Subcontractor or Supplier waives all rights against
<br />OWNER, CONTRACTOR, ENGINEER, ENGINEER's
<br />Consultants, and all other individuals or entities identified in
<br />the Supplementary Conditions to be listed as insureds or
<br />additional insureds (and the officers, directors, partners,
<br />employees, agents, and other consultants and subcontractors
<br />of each and any of them) for all losses and damages caused
<br />by, arising out of, relating to, or resulting from any of the
<br />perils or causes of loss covered by such policies and any
<br />other property insurance applicable to the Work. If the
<br />insurers on any such policies require separate waiver forms
<br />to be signed by any Subcontractor or Supplier. CONTRAC-
<br />TOR will obtain the same,
<br />
<br />6.07 PlUent Fees and Royalties
<br />
<br />A. CONTRACTOR shall pay all license fees and
<br />royalties and assume all costs incident to the use in the
<br />performance of the Work or the incmporation in the Work of
<br />any invention, design, process, product. or device which is
<br />the subject of patent rights or copyrights held by others. If
<br />a particular invention. design. process, product, or device is
<br />specified in the Contract Documents for use in the
<br />performance of the Work and if to the acrual knowledge of
<br />OWNER or ENGINEER its use is subject to patent rights or
<br />copyrights calling for the payment of any license fee or
<br />lOyalty to others, the existence of such rights shall be
<br />disclosed by OWNER in the Conttact DocumentS. To the
<br />fullest extent permitted by Laws and Regulations,
<br />CONTRACTOR. shall . indemnify and hold harmless
<br />OWNER..ENGINEER,'ENGINEER's Consultants, and the
<br />'. officers;:directors,.parmers..l:mployees or agentS, and other
<br />consultants of each "and MY of them from and against all
<br />claims, costs. losses, and damages .(including but not limited
<br />to all fees and charges of engineers, architects, attorneys, and
<br />other professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to any
<br />infringement of patent rights or copyrights incident to the use
<br />in the performance of the Work or resulting from the
<br />incorporation in the Work of any invention, design, process,
<br />product, or device Dot specified in the Contract Documents.
<br />
<br />6.08 Penni!s
<br />
<br />A.r Unless otherwise provided in the Supplementary
<br />Conditions, CONTRACfOR shall obtain and pay for all
<br />construction permits and licenses. OWNER shall assist
<br />CONTRACfOR, when necessary, in obtaining such permits
<br />
<br />00700 - 21
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