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<br />I <br /> <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. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <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. <br /> <br />I <br /> <br />6.06 Concerning Subcontractors, Suppliers, and <br />Others <br /> <br />I <br /> <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. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <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. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <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: <br /> <br />I <br /> <br />I <br /> <br />I. shall create for the benefit of any such <br />Subcontractor, Supplier, or other individual or entity any <br /> <br />contractual relationship between Owner or Engineer and <br />any such Subcontractor, Supplier or other individual or <br />entity, nor <br /> <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. <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 <br />contract with Contractor. <br /> <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. <br /> <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. <br /> <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. <br /> <br />6.07 Patent 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 ofthe Work or the incorporation in the Work <br />of any invention, design, process, product, or device <br /> <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 <br /> <br />I <br /> <br />04/08 <br /> <br />06-5723 <br />