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<br />Paragraphs 6.05.A.2 and 6.05.8 Whether or not Engineer
<br />approves a substitute item so proposed or submitted by
<br />Contractor, Contractor shall reimburse Owner for the
<br />charges of Engineer for evaluating each such proposed
<br />substitute. Contractor shall also reimburse Owner for the
<br />charges of Engineer for making changes in the Contract
<br />Documents (or in the provisions of any other direct
<br />contract with Owner) resulting from the acceptance of
<br />each proposed substitute.
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<br />F. Contractor's Expense: Contractor shall
<br />provide all data in support of any proposed substitute or
<br />"or-equal" at Contractor's expense.
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<br />6.06 Concerning Subcontractors, Suppliers, and
<br />Others
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<br />A. Contractor shall not employ any Subcon-
<br />tractor, Supplier, or other individual or entity (including
<br />those acceptable to Owner as indicated in Paragraph
<br />6.06.8), whether initially or as a replacement, against
<br />whom Owner may have reasonable objection. Contractor
<br />shall not be required to employ any Subcontractor,
<br />Supplier, or other individual or entity to furnish or
<br />perform any of the Work against whom Contractor has
<br />reasonable objection.
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<br />B. If the Supplementary Conditions require the
<br />identity of certain Subcontractors, Suppliers, or other
<br />individuals or entities to be submitted to Owner in
<br />advance for acceptance by Owner by a specified date
<br />prior to the Effective Date of the Agreement, and if
<br />Contractor has submitted a list thereof in accordance with
<br />the Supplementary Conditions, Owner's acceptance
<br />(either in writing or by failing to make written objection
<br />thereto by the date indicated for acceptance or objection
<br />in the Bidding Documents or the Contract Documents) of
<br />any such Subcontractor, Supplier, or other individual or
<br />entity so identified may be revoked on the basis of reason-
<br />able objection after due investigation. Contractor shall
<br />submit an acceptable replacement for the rejected
<br />Subcontractor, Supplier, or other individual or entity, and
<br />the Contract Price will be adjusted by the difference in the
<br />cost occasioned by such replacement, and an appropriate
<br />Change Order will be issued. No acceptance by Owner of
<br />any such Subcontractor, Supplier, or other individual or
<br />entity, whether initially or as a replacement, shall consti-
<br />tute a waiver of any right of Owner or Engineer to reject
<br />defective Work.
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<br />C. Contractor shall be fully responsible to Owner
<br />and Engineer for all acts and omissions of the
<br />Subcontractors, Suppliers, and other individuals or
<br />entities performing or furnishing any of the Work just as
<br />Contractor is responsible for Contractor's own acts and
<br />omissions. Nothing in the Contract Documents:
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<br />I. shall create for the benefit of any such
<br />Subcontractor, Supplier, or other individual or entity any
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<br />contractual relationship between Owner or Engineer and
<br />any such Subcontractor, Supplier or other individual or
<br />entity, nor
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<br />2. shall anything in the Contract Documents
<br />create any obligation on the part of Owner or
<br />Engineer to payor to see to the payment of any moneys
<br />due any such Subcontractor, Supplier, or other individual
<br />or entity except as may otherwise be required by Laws
<br />and Regulations.
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<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
<br />contract with Contractor.
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<br />E. Contractor shall require all Subcontractors,
<br />Suppliers, and such other individuals or entities per-
<br />forming or furnishing any of the Work to communicate
<br />with Engineer through Contractor.
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<br />F, The divisions and sections of the Specifica-
<br />tions and the identifications of any Drawings shall not
<br />control Contractor in dividing the Work among Subcon-
<br />tractors or Suppliers or delineating the Work to be
<br />performed by any specific trade.
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<br />G. All Work performed for Contractor by a
<br />Subcontractor or Supplier will be pursuant to an appro-
<br />priate agreement between Contractor and the
<br />Subcontractor or Supplier which specifically binds the
<br />Subcontractor or Supplier to the applicable terms and
<br />conditions of the Contract Documents for the benefit of
<br />Owner and Engineer. Whenever any such agreement is
<br />with a Subcontractor or Supplier who is listed as an
<br />additional insured on the property insurance provided in
<br />Paragraph 5.06, the agreement between the Contractor
<br />and the Subcontractor or Supplier will contain provisions
<br />whereby the Subcontractor or Supplier waives all rights
<br />against Owner, Contractor, and Engineer" and all other
<br />individuals or entities identified in the Supplementary
<br />Conditions to be listed as insureds or additional insureds
<br />(and the officers, directors, partners, employees, agents,
<br />consultants and subcontractors of each and any of them)
<br />for all losses and damages caused by, arising out of,
<br />relating to, or resulting from any of the perils or causes of
<br />loss covered by such policies and any other property
<br />insurance applicable to the Work. If the insurers on any
<br />such policies require separate waiver forms to be signed
<br />by any Subcontractor or Supplier, Contractor will obtain
<br />the same.
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<br />6.07 Patent Fees and Royalties
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<br />A. Contractor shall pay all license fees and
<br />royalties and assume all costs incident to the use in the
<br />performance ofthe Work or the incorporation in the Work
<br />of any invention, design, process, product, or device
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<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright <<J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 21
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<br />04/08
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<br />06-5723
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