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<br />as permitted by paragraph 15.04 or as OWNER and
<br />CONTRACTOR may otherwise agree in writing.
<br />
<br />6.19 CONTRACTOR's General Warranty and GunranJee
<br />
<br />A. CONTRACTOR warrants and guarantees to
<br />OWNER, ENGINEER, and ENGINEER's Consultants that
<br />aU Work will be in accordance with the Contract Documents
<br />and will not be defective. CONTRACTOR's warranty and
<br />guarantee hereunder excludes defects or damage caused by:
<br />
<br />1. abuse, modification, or improper maintenance or
<br />operation by persons other than CONTRACTOR, Sub-
<br />contractors, Suppliers, or any other individual or entity
<br />for whom CONTRACTOR is responsible; or
<br />
<br />2. normal wear and tear under nonnal usage.
<br />
<br />B. CONTRACTOR's obligation to perfcrm 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
<br />CONTRACTOR's obligation to perform the Work in
<br />accordance with the 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
<br />thereto by OWNER;
<br />
<br />4. use or occupancy of the Work or any part thereof
<br />by OWNER;
<br />
<br />5. any acceptance by OWNER or any failure to do
<br />
<br />so;
<br />
<br />6. any review and approval oCa Shop Drawing or
<br />Sample submittal or the issuance of a notice of acceptabil-
<br />ity by ENGINEER;
<br />
<br />7. any inspection, test, or approval by others; or
<br />
<br />8. any correction of defective Work by OWNER.
<br />
<br />6.20 Indemnification
<br />
<br />A. To the fullest extent permitted by Laws and Regula-
<br />tions, CONTRACTOR shall indemnify and hold harmless
<br />OWNER, ENGINEER, ENGINEER's Consultants, and the
<br />officers, directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of them from
<br />
<br />and against all claims, costs, losses, and damages (including
<br />but not limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of or
<br />relating to the performance of the Work, provided that any
<br />such claim, cost, loss, or damage:
<br />
<br />1. is attributable to bodily injury, sickness, disease,
<br />or death, or to injury to or destruction _ of tangible
<br />property (other than the Work itself), including the loss of
<br />use resulting therefrom; and
<br />
<br />2. is caused in whole or in part by any negligent act
<br />or omission 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,
<br />.regardless of _whether or not caused in part by any
<br />negligence or omission of an individual or entity indem-
<br />nified hereunder or whether liability is imposed upon such
<br />indemnified party by Laws and Regulations regardless of
<br />the negligence of any such individual or entity.
<br />
<br />B. In any and all claims against OWNER or ENGINEER
<br />or any of their respective consultants, agents, officers,
<br />directors, partners, or employees by any employee (or the
<br />survivor or personal representative of such employee) of
<br />CONTRACTOR, any Subcontractor, any Supplier, or any
<br />individual or entity directly or indirectly employed by any of
<br />them to perform any of the Work, or anyone for whose acts
<br />any of them may be liable, the indemnification obligation
<br />under paragraph 6.20.A shall not be limited in any way by
<br />any limitation on the amount or type of damages,
<br />compensation, or benefits payable by or for CONTRACTOR
<br />o~ any such Subcontractor, Supplier, or other individual or
<br />entity under workers' compensation acts, disability benefit
<br />- acts, or other employeebenefitacts.
<br />
<br />:C. The indemnification;obligations of CONTRACTOR
<br />underparagraph6.20.A'shallnot extend to the liability of
<br />ENGINEER and ENGINEER'~ Conswtants or to the
<br />officers, directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of them
<br />arising out of:
<br />
<br />1. the preparation or approval of, or the failure to
<br />prepare or approve, maps, Drawings, opinions, reports,
<br />surveys, Change Orders, designs, or Specifications; or
<br />
<br />2. giving directions or instructions, or failiDg to
<br />- give them, if that is the primary cause of the injury or
<br />dafuage.
<br />
<br />00700 - 25
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