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<br />Contractor has complied with the requirements of
<br />Paragraph 6.17.C.3 and Engineer has given written
<br />approval of each such variation by specific written
<br />notation thereof incorporated in or accompanying the
<br />Shop Drawing or Sample. Engineer's review and approval
<br />shall not relieve Contractor from responsibility for
<br />complying with the requirements of Paragraph 6.17.C.1.
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<br />E. Resubmittal Procedures
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<br />1. Contractor shall make corrections required by
<br />Engineer and shall return the required number of cor-
<br />rected copies of Shop Drawings and submit, as required,
<br />new Samples for review and approval. Contractor shall
<br />direct specific attention in writing to revisions other than
<br />the corrections called for by Engineer on previous
<br />submittals.
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<br />6.18 Continuing the Work
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<br />A. Contractor shall carryon the Work and adhere
<br />to the Progress Schedule during all disputes or
<br />disagreements with Owner. No Work shall be delayed or
<br />postponed pending resolution of any disputes or
<br />disagreements, except as permitted by Paragraph 15.04 or
<br />as Owner and Contractor may otherwise agree in writing.
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<br />6.19 Contractor's General Warranty and Guarantee
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<br />A. Contractor warrants and guarantees to Owner
<br />that all Work will be in accordance with the Contract
<br />Documents and will not be defective. Engineer and its
<br />Related Entities shall be entitled to rely on representation
<br />of Contractor's warranty and guarantee.
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<br />B. Contractor's warranty and guarantee
<br />hereunder excludes defects or damage caused by:
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<br />1. abuse, modification, or improper maintenance
<br />or operation by persons other than Contractor, Sub-
<br />contractors, Suppliers, or any other individual or entity for
<br />whom Contractor is responsible; or
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<br />2. normal wear and tear under normal usage.
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<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 will
<br />constitute an acceptance of Work that is not in accordance
<br />with the Contract Documents or a release of Contractor's
<br />obligation to perform the Work in accordance with the
<br />Contract Documents:
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<br />I. observations by Engineer;
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<br />2. recommendation by Engineer or payment by
<br />Owner of any progress or final payment;
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<br />3. the issuance of a certificate of Substantial
<br />Completion by Engineer or any payment related thereto
<br />by Owner;
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<br />4. use or occupancy of the Work or any part
<br />thereof by Owner;
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<br />5. any review and approval ofa Shop Drawing or
<br />Sample submittal or the issuance of a notice of acceptabil-
<br />ity by Engineer;
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<br />6. any inspection, test, or approval by others; or
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<br />7. any correction of defective Work by Owner.
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<br />6.20 indemnification
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<br />A. 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 the performance of the Work, provided that
<br />any such claim, cost, loss, or damage is attributable to
<br />bodily injury, sickness, disease, or death, or to injury to or
<br />destruction of tangible property (other than the Work
<br />itself), including the loss of use resulting therefrom but
<br />only to the extent caused by any negligent act or omission
<br />of Contractor, any Subcontractor, any Supplier, or any
<br />individual or entity directly or indirectly employed by any
<br />of them to perform any of the Work or anyone for whose
<br />acts any of them may be liable.
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<br />B. In any and all claims against Owner or
<br />Engineer or any of their respective consultants, agents,
<br />officers, directors, partners, or employees by any employ-
<br />ee (or the survivor or personal representative of such
<br />employee) of Contractor, any Subcontractor, any
<br />Supplier, or any individual or entity directly or indirectly
<br />employed by any of them to perform any of the Work, or
<br />anyone for whose acts any of them may be liable, the
<br />indemnification obligation under Paragraph 6.20.A shall
<br />not be limited in any way by any limitation on the amount
<br />or type of damages, compensation, or benefits payable by
<br />or for Contractor or any such Subcontractor, Supplier, or
<br />other individual or entity under workers' compensation
<br />acts, disability benefit acts, or other employee benefit
<br />acts.
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<br />C. The indemnification obligations of Contractor
<br />under Paragraph 6.20.A shall not extend to the liability of
<br />Engineer and Engineer's officers, directors, partners,
<br />employees, agents, consultants and subcontractors arising
<br />out of:
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<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 25
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<br />04/08
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<br />06-5723
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