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<br />the Contract Documents for use in the performance
<br />of the Work and if to the actual knowledge of Owner
<br />or Engineer its use is subject to patent rights or
<br />copyrights calling for the payment of any license fee
<br />or royalty to others, the existence of such rights shall
<br />be disclosed by Owner in the Contract Documents.
<br />
<br />B. To the fullest extent permitted by Laws
<br />and Regulations, Contractor shall indemnify and
<br />hold harmless Owner and Engineer, and the officers,
<br />directors, partners, employees, agents, consultants
<br />and subcontractors of each and any of them from
<br />and against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to
<br />any infringement of patent rights or copyrights
<br />incident to the use in the performance of the Work or
<br />resulting from the incorporation in the Work of any
<br />invention, design, process, product, or device not
<br />specified in the Contract Documents.
<br />
<br />6.08 Permits
<br />
<br />A. Unless otherwise provided in the Supple-
<br />mentary Conditions, Contractor shall obtain and pay
<br />for all construction permits and licenses. Owner shall
<br />assist Contractor, when necessary, in obtaining such
<br />permits and licenses. Contractor shall pay all
<br />governmental charges and inspection fees
<br />necessary for the prosecution of the Work which are
<br />applicable at the time of opening of Bids, or, if there
<br />are no Bids, on the Effective Date of the Agreement.
<br />Owner shall pay all charges of utility owners for
<br />connections for providing permanent service to the
<br />Work,
<br />
<br />6.09 Laws and Regulations
<br />
<br />A. Contractor shall give all notices required
<br />by and shall comply with all Laws and Regulations
<br />applicable to the performance of the Work. Except
<br />where otherwise expressly required by applicable
<br />Laws and Regulations, neither Owner nor Engineer
<br />shall be responsible for monitoring Contractor's
<br />compliance with any Laws or Regulations.
<br />
<br />B. If Contractor performs any Work knowing
<br />or having reason to know that it is contrary to Laws
<br />or Regulations, Contractor shall bear all claims,
<br />costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals and all
<br />court or arbitration or other dispute resolution costs)
<br />arising out of or relating to such Work. However, it
<br />shall not be Contractor's primary responsibility to
<br />make certain that the Specifications and Drawings
<br />are in accordance with Laws and Regulations, but
<br />
<br />this shall not relieve Contractor of Contractor's
<br />obligations under Paragraph 3.03.
<br />
<br />C. Changes in Laws or Regulations not
<br />known at the time of opening of Bids (or, on the
<br />Effective Date of the Agreement if there were no
<br />Bids) having an effect on the cost or time of
<br />performance of the Work shall be the subject of an
<br />adjustment in Contract Price or Contract Times. If
<br />Owner and Contractor are unable to agree on
<br />entitlement to or on the amount or extent, if any, of
<br />any such adjustment, a Claim may be made therefor
<br />as provided in Paragraph 10,05.
<br />
<br />6.10 Taxes
<br />
<br />A. Contractor shall pay all sales, consumer,
<br />use, and other similar taxes required to be paid by
<br />Contractor in accordance with the Laws and
<br />Regulations of the place of the Project which are
<br />applicable during the performance of the Work.
<br />
<br />6.11 Use of Site and Other Areas
<br />
<br />A. Limitation on Use of Site and Other Areas
<br />
<br />1. Contractor shall confine construction
<br />equipment, the storage of materials and equipment,
<br />and the operations of workers to the Site and other
<br />areas permitted by Laws and Regulations, and shall
<br />not unreasonably encumber the Site and other areas
<br />with construction equipment or other materials or
<br />equipment. Contractor shall assume full
<br />responsibility for any damage to any such land or
<br />area, or to the owner or occupant thereof, or of any
<br />adjacent land or areas resulting from the
<br />performance of the Work.
<br />
<br />2. Should any claim be made by any such
<br />owner or occupant because of the performance of
<br />the Work, Contractor shall promptly settle with such
<br />other party by negotiation or otherwise resolve the
<br />claim by arbitration or other dispute resolution
<br />proceeding or at law.
<br />
<br />3. To the fullest extent permitted by Laws
<br />and Regulations, Contractor shall indemnify and
<br />hold harmless Owner and Engineer, and the officers,
<br />directors, partners, employees, agents, consultants
<br />and subcontractors of each and any of them from
<br />and against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to
<br />any claim or action, legal or equitable, brought by
<br />any such owner or occupant against Owner,
<br />Engineer, or any other party indemnified hereunder
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright @ 2002 National Socicty of Professional Engineers for EJCDC. All rights rescrved.
<br />00700 - 23
<br />
<br />Final Version 01/07
<br />
<br />03-4197
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