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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 />A. Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, <br />to the Progress Schedule during all disputes or attorneys, and other professionals and all court or <br /> <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Copyright i!d 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700 - 24 <br /> <br />with respect to Contractor's review and approval of that <br />submittal. <br /> <br />3. With each submittal, Contractor shall give <br />Engineer specific written notice of any variations, that the <br />Shop Drawing or Sample may have from the requirements <br />of the Contract Documents. This notice shall be both a <br />written communication separate from the Shop Drawing's <br />or Sample Submittal; and, in addition, by a specific <br />notation made on each Shop Drawing or Sample submit- <br />ted to Engineer for review and approval of each such <br />variation. <br /> <br />D. Engineer's Review <br /> <br />1. Engineer will provide timely review of Shop <br />Drawings and Samples in accordance with the Schedule <br />of Submittals acceptable to Engineer. Engineer's review <br />and approval will be only to determine if the items <br />covered by the submittals will, after installation or <br />incorporation in the Work, conform to the information <br />given in the Contract Documents and be compatible with <br />the design concept of the completed Project as a <br />functioning whole as indicated by the Contract Docu- <br />ments. <br /> <br />2. Engineer's review and approval will not <br />extend to means, methods, techniques, sequences, or <br />procedures of construction (except where a particular <br />means, method, technique, sequence, or procedure of con- <br />struction is specifically and expressly called for by the <br />Contract Documents) or to safety precautions or programs <br />incident thereto. The review and approval of a separate <br />item as such will not indicate approval of the assembly in <br />which the item ftmctions. <br /> <br />3. Engineer's review and approval shall not <br />relieve Contractor from responsibility for any variation <br />from the requirements of the Contract Documents unless <br />Contractor has complied with the requirements of <br />Paragraph 6.l7.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.l7.C.1. <br /> <br />E. Resubmittal Procedures <br /> <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. <br /> <br />6.18 <br /> <br />Continuing the Work <br /> <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. <br /> <br />6.19 Contractor's General Warranty and Guarantee <br /> <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. <br /> <br />B. Contractor's warranty and guarantee <br />hereunder excludes defects or damage caused by: <br /> <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 <br /> <br />2. normal wear and tear under normal usage. <br /> <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: <br /> <br />1. observations by Engineer; <br /> <br />2. recommendation by Engineer or payment by <br />Owner of any progress or final payment; <br /> <br />3. the issuance of a certificate of Substantial <br />Completion by Engineer or any payment related thereto <br />by Owner; <br /> <br />4. use or occupancy of the Work or any part <br />thereof by Owner; <br /> <br />5. any review and approval of a Shop Drawing or <br />Sample submittal or the issuance of a notice of acceptabil- <br />ity by Engineer; <br /> <br />6. any inspection, test, or approval by others; or <br /> <br />7. any correction of defective Work by Owner. <br /> <br />6.20 <br /> <br />Indemnification <br />