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1. Engineer will provide timely review of <br />Shop Drawings and Samples in accordance with the <br />Schedule of Submittals acceptable to Engineer. <br />Engineer's review and approval will be only to deter- <br />mine if the items covered by the submittals will, after <br />installation or incorporation in the Work, conform to <br />the information given in the Contract Documents and <br />be compatible with the design concept of the <br />completed Project as a functioning whole as <br />indicated by the Contract Documents. <br />2. Engineer's review and approval will not <br />extend to means, methods, techniques, sequences, <br />or procedures of construction (except where a <br />particular means, method, technique, sequence, or <br />procedure of construction is specifically and ex- <br />pressly called for by the Contract Documents) or to <br />safety precautions or programs incident thereto. The <br />review and approval of a separate item as such will <br />not indicate approval of the assembly in which the <br />item functions. <br />3. Engineer's review and approval shall not <br />relieve Contractor from responsibility for any <br />variation from the requirements of the Contract <br />Documents unless Contractor has complied with the <br />requirements of Paragraph 6.17.C.3 and Engineer <br />has given written approval of each such variation by <br />specific written notation thereof incorporated in or <br />accompanying the Shop Drawing or Sample. <br />Engineer's review and approval shall not relieve <br />Contractor from responsibility for complying with the <br />requirements of Paragraph 6.17.C.1. <br />E. Resubmittal Procedures <br />1. Contractor shall make corrections <br />required by Engineer and shall return the required <br />number of corrected copies of Shop Drawings and <br />submit, as required, new Samples for review and <br />approval. Contractor shall direct specific attention in <br />writing to revisions other than the corrections called <br />for by Engineer on previous submittals. <br />6.18 Continuing the Work <br />A. Contractor shall carry on the Work and <br />adhere to the Progress Schedule during all disputes <br />or disagreements with Owner. No Work shall be <br />delayed or postponed pending resolution of any <br />disputes or disagreements, except as permitted by <br />Paragraph 15.04 or as Owner and Contractor may <br />otherwise agree in writing. <br />6.19 Contractor's General Warranty and Guaran- <br />tee <br />A. Contractor warrants and guarantees to <br />Owner that all Work will be in accordance with the <br />Contract Documents and will not be defective. <br />Engineer and its Related Entities shall be entitled to <br />rely on representation of Contractor's warranty and <br />guarantee. <br />B. Contractor's warranty and guarantee <br />hereunder excludes defects or damage caused by: <br />1. abuse, modification, or improper main- <br />tenance or operation by persons other than <br />Contractor, Subcontractors, Suppliers, or any other <br />individual or entity for whom Contractor is <br />responsible; or <br />2. normal wear and tear under normal <br />usage. <br />C. Contractor's obligation to perform and <br />complete the Work in accordance with the Contract <br />Documents shall be absolute. None of the following <br />will constitute an acceptance of Work that is not in <br />accordance with the Contract Documents or a <br />release of Contractor's obligation to perform the <br />Work in accordance with the Contract Documents: <br />1. observations by Engineer; <br />2. recommendation by Engineer or payment <br />by Owner of any progress or final payment; <br />3. the issuance of a certificate of Substantial <br />Completion by Engineer or any payment related <br />thereto by Owner; <br />4. use or occupancy of the Work or any part <br />thereof by Owner; <br />5. any review and approval of a Shop Draw- <br />ing or Sample submittal or the issuance of a notice <br />of acceptability by Engineer; <br />6. any inspection, test, or approval by <br />others; or <br />7. any correction of defective Work by <br />Owner. <br />6.20 Indemnification <br />A. To the fullest extent permitted by Laws <br />and Regulations, Contractor shall indemnify and <br />hold harmless Owner and Engineer, and the officers, <br />directors, partners, employees, agents, consultants <br />and subcontractors of each and any of them from <br />EJCDC C -700 Standard General Conditions of the Construction Contract. <br />Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />' <br />00700-25 <br />04/08 Final Version <br />05 -4893 <br />