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<br />F, Contractor's Expense: Contractor shall
<br />provide all data in support of any proposed
<br />substitute or "or-equal" at Contractor's expense.
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<br />6,06 Concerning Subcontractors, Suppliers, and
<br />Others
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<br />A. Contractor shall not employ any Subcon-
<br />tractor, Supplier, or other individual or entity (includ-
<br />ing those acceptable to Owner as indicated in
<br />Paragraph 6.06.8), whether initially or as a
<br />replacement, against whom Owner may have
<br />reasonable objection, Contractor shall not be
<br />required to employ any Subcontractor, Supplier, or
<br />other individual or entity to furnish or perform any of
<br />the Work against whom Contractor has reasonable
<br />objection.
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<br />B. If the Supplementary Conditions require
<br />the identity of certain Subcontractors, Suppliers, or
<br />other individuals or entities to be submitted to Owner
<br />in advance for acceptance by Owner by a specified
<br />date prior to the Effective Date of the Agreement,
<br />and if Contractor has submitted a list thereof in
<br />accordance with the Supplementary Conditions,
<br />Owner's acceptance (either in writing or by failing to
<br />make written objection thereto by the date indicated
<br />for acceptance or objection in the Bidding
<br />Documents or the Contract Documents) of any such
<br />Subcontractor, Supplier, or other individual or entity
<br />so identified may be revoked on the basis of reason-
<br />able objection after due investigation. Contractor
<br />shall submit an acceptable replacement for the
<br />rejected Subcontractor, Supplier, or other individual
<br />or entity, and the Contract Price will be adjusted by
<br />the difference in the cost occasioned by such
<br />replacement, and an appropriate Change Order will
<br />be issued . No acceptance by Owner of any such
<br />Subcontractor, Supplier, or other individual or entity,
<br />whether initially or as a replacement, shall constitute
<br />a waiver of any right of Owner or Engineer to reject
<br />defective Work.
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<br />C. Contractor shall be fully responsible to
<br />Owner and Engineer for all acts and omissions of
<br />the Subcontractors, Suppliers, and other individuals
<br />or entities performing or furnishing any of the Work
<br />just as Contractor is responsible for Contractor's
<br />own acts and omissions. Nothing in the Contract
<br />Documents:
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<br />1. shall create for the benefit of any such
<br />Subcontractor, Supplier, or other individual or entity
<br />any contractual relationship between Owner or
<br />Engineer and any such Subcontractor, Supplier or
<br />other individual or entity, nor
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<br />2. shall anything in the Contract Documents
<br />create any obligation on the part of Owner or
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<br />Engineer to payor to see to the payment of any
<br />moneys due any such Subcontractor, Supplier, or
<br />other individual or entity except as may otherwise be
<br />required by Laws and Regulations.
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<br />D. Contractor shall be solely responsible for
<br />scheduling and coordinating the Work of Subcon-
<br />tractors, Suppliers, and other individuals or entities
<br />performing or furnishing any of the Work under a
<br />direct or indirect contract with Contractor.
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<br />E. Contractor shall require all Subcontrac-
<br />tors, Suppliers, and such other individuals or entities
<br />performing or furnishing any of the Work to commu-
<br />nicate with Engineer through Contractor.
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<br />F. The divisions and sections of the
<br />Specifications and the identifications of any
<br />Drawings shall not control Contractor in dividing the
<br />Work among Subcontractors or Suppliers or
<br />delineating the Work to be performed by any specific
<br />trade.
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<br />G. All Work performed for Contractor by a
<br />Subcontractor or Supplier will be pursuant to an
<br />appropriate agreement between Contractor and the
<br />Subcontractor or Supplier which specifically binds
<br />the Subcontractor or Supplier to the applicable terms
<br />and conditions of the Contract Documents for the
<br />benefit of Owner and Engineer. Whenever any such
<br />agreement is with a Subcontractor or Supplier who
<br />is listed as an additional insured on the property
<br />insurance provided in Paragraph 5.06, the
<br />agreement between the Contractor and the
<br />Subcontractor or Supplier will contain provisions
<br />whereby the Subcontractor or Supplier waives all
<br />rights against Owner, Contractor, and Engineer"
<br />and all other individuals or entities identified in the
<br />Supplementary Conditions to be listed as insureds
<br />or additional insureds (and the officers, directors,
<br />partners, employees, agents, consultants and
<br />subcontractors of each and any of them) for all
<br />losses and damages caused by, arising out of,
<br />relating to, or resulting from any of the perils or
<br />causes of loss covered by such policies and any
<br />other property insurance applicable to the Work. If
<br />the insurers on any such policies require separate
<br />waiver forms to be signed by any Subcontractor or
<br />Supplier, Contractor will obtain the same.
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<br />6.07 Patent Fees and Royalties
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<br />A. Contractor shall pay all license fees and
<br />royalties and assume all costs incident to the use in
<br />the performance of the Work or the incorporation in
<br />the Work of any invention, design, process, product,
<br />or device which is the subject of patent rights or
<br />copyrights held by others. If a particular invention,
<br />design, process, product, or device is specified in
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<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright <<:> 2002 National Socicty of Professional Engineers for EJCDC. All rights rcserved.
<br />00700 - 22
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<br />Final Version 01/07
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<br />03-4197
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