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<br />which is the subject of patent rights or copyrights held by
<br />others. If a particular invention, design, process, product,
<br />or device is specified in the Contract Documents for use
<br />in the performance of the Work and if to the actual
<br />knowledge of Owner or Engineer its use is subject to
<br />patent rights or copyrights calling for the payment of any
<br />license fee or royalty to others, the existence of such
<br />rights shall be disclosed by Owner in the Contract
<br />Documents.
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<br />B. To the fullest extent permitted by Laws and
<br />Regulations, Contractor shall indemnify and hold
<br />harmless Owner and Engineer, and the officers, directors,
<br />partners, employees, agents, consultants and
<br />subcontractors of each and any of them from and against
<br />all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of
<br />or relating to any infringement of patent rights or
<br />copyrights incident to the use in the performance of the
<br />Work or resulting from the incorporation in the Work of
<br />any invention, design, process, product, or device not
<br />specified in the Contract Documents.
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<br />6.08 Permits
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<br />A. Unless otherwise provided in the Supple-
<br />mentary Conditions, Contractor shall obtain and pay for
<br />all construction permits and licenses. Owner shall assist
<br />Contractor, when necessary, in obtaining such permits
<br />and licenses. Contractor shall pay all governmental
<br />charges and inspection fees necessary for the prosecution
<br />of the Work which are applicable at the time of opening
<br />of Bids, or, if there are no Bids, on the Effective Date of
<br />the Agreement. Owner shall pay all charges of utility
<br />owners for connections for providing permanent service
<br />to the Work.
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<br />6.09 Laws and Regulations
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<br />A. Contractor shall give all notices required by
<br />and shall comply with all Laws and Regulations applica-
<br />ble to the performance of the Work. Except where
<br />otherwise expressly required by applicable Laws and
<br />Regulations, neither Owner nor Engineer shall be
<br />responsible for monitoring Contractor's compliance with
<br />any Laws or Regulations.
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<br />B. If Contractor performs any Work knowing or
<br />having reason to know that it is contrary to Laws or
<br />Regulations, Contractor shall bear all claims, costs,
<br />losses, and damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to such Work.
<br />However, it shall not be Contractor's primary
<br />responsibility to make certain that the Specifications and
<br />Drawings are in accordance with Laws and Regulations,
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<br />but this shall not relieve Contractor of Contractor's
<br />obligations under Paragraph 3.03.
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<br />C. Changes in Laws or Regulations not known at
<br />the time of opening of Bids (or, on the Effective Date of
<br />the Agreement if there were no Bids) having an effect on
<br />the cost or time of performance of the Work shall be the
<br />subject of an adjustment in Contract Price or Contract
<br />Times. If Owner and Contractor are unable to agree on
<br />entitlement to or on the amount or extent, if any, of any
<br />such adjustment, a Claim may be made therefor as
<br />provided in Paragraph 10.05.
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<br />6.10 Taxes
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<br />A. Contractor shall pay all sales, consumer, use,
<br />and other similar taxes required to be paid by Contractor
<br />in accordance with the Laws and Regulations of the place
<br />of the Project which are applicable during the
<br />performance of the Work.
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<br />6.11 Use of Site and Other Areas
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<br />A. Limitation on Use of Site and Other Areas
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<br />1. Contractor shall confine construction equip-
<br />ment, the storage of materials and equipment, and the
<br />operations of workers to the Site and other areas
<br />permitted by Laws and Regulations, and shall not
<br />unreasonably encumber the Site and other areas with
<br />construction equipment or other materials or equipment.
<br />Contractor shall assume full responsibility for any
<br />damage to any such land or area, or to the owner or
<br />occupant thereof, or of any adjacent land or areas
<br />resulting from the performance of the Work.
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<br />2. Should any claim be made by any such owner
<br />or occupant because of the performance of the Work,
<br />Contractor shall promptly settle with such other party by
<br />negotiation or otherwise resolve the claim by arbitration
<br />or other dispute resolution proceeding or at law.
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<br />3. To the fullest extent permitted by Laws and
<br />Regulations, Contractor shall indemnify and hold
<br />harmless Owner and Engineer, and the officers, directors,
<br />partners, employees, agents, consultants and
<br />subcontractors of each and any of them from and against
<br />all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of
<br />or relating to any claim or action, legal or equitable,
<br />brought by any such owner or occupant against Owner,
<br />Engineer, or any other party indemnified hereunder to the
<br />extent caused by or based upon Contractor's performance
<br />of the Work.
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<br />B. Removal of Debris During Pelformance oj the
<br />Work: During the progress of the Work Contractor shall
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<br />E.JCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright ({j 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
<br />00700 - 22
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<br />04/08
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<br />06-5723
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