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<br />I <br />I <br />I <br />I <br /> <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. <br /> <br />6,06 Concerning Subcontractors, Suppliers, and <br />Others <br /> <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. <br /> <br />I <br /> <br />I <br /> <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. <br /> <br />I <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br />I <br /> <br />I <br /> <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: <br /> <br />I <br />I <br />I <br /> <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 <br /> <br />I <br /> <br />2. shall anything in the Contract Documents <br />create any obligation on the part of Owner or <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <br />6.07 Patent Fees and Royalties <br /> <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 <br /> <br />I <br /> <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 <br /> <br />I <br /> <br />Final Version 01/07 <br /> <br />03-4197 <br />