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<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 />the performance of the Work, provided that any such
<br />claim, cost, loss, or damage is attributable to bodily
<br />injury, sickness, disease, or death, or to injury to or
<br />destruction of tangible property (other than the Work
<br />itself), including the loss of use resulting therefrom
<br />but only to the extent caused by any negligent act or
<br />omission of Contractor, any Subcontractor, any
<br />Supplier, or any individual or entity directly or
<br />indirectly employed by any of them to perform any of
<br />the Work or anyone for whose acts any of them may
<br />be liable.
<br />
<br />B. In any and all claims against Owner or
<br />Engineer or any of their respective consultants,
<br />agents, officers, directors, partners, or employees by
<br />any employee (or the survivor or personal
<br />representative of such employee) of Contractor, any
<br />Subcontractor, any Supplier, or any individual or
<br />entity directly or indirectly employed by any of them
<br />to perform any of the Work, or anyone for whose
<br />acts any of them may be liable, the indemnification
<br />obligation under Paragraph 6.20.A shall not be
<br />limited in any way by any limitation on the amount or
<br />type of damages, compensation, or benefits payable
<br />by or for Contractor or any such Subcontractor,
<br />Supplier, or other individual or entity under workers'
<br />compensation acts, disability benefit acts, or other
<br />employee benefit acts.
<br />
<br />C. The indemnification obligations of
<br />Contractor under Paragraph 6.20.A shall not extend
<br />to the liability of Engineer and Engineer's officers,
<br />directors, partners, employees, agents, consultants
<br />and subcontractors arising out of:
<br />
<br />1. the preparation or approval of, or the
<br />failure to prepare or approve, maps, Drawings,
<br />opinions, reports, surveys, Change Orders, designs,
<br />or Specifications; or
<br />
<br />2. giving directions or instructions, or failing
<br />to give them, if that is the primary cause of the injury
<br />or damage.
<br />
<br />6.21 Delegation of Professional Design Services
<br />
<br />A. Contractor will not be required to provide
<br />professional design services unless such services
<br />are specifically required by the Contract Documents
<br />for a portion of the Work or unless such services are
<br />required to carry out Contractor's responsibilities for
<br />construction means, methods, techniques,
<br />sequences and procedures. Contractor shall not be
<br />
<br />required to provide professional services in violation
<br />of applicable law.
<br />
<br />B. If professional design services or
<br />certifications by a design professional related to
<br />systems, materials or equipment are specifically
<br />required of Contractor by the Contract Documents,
<br />Owner and Engineer will specify all performance and
<br />design criteria that such services must satisfy.
<br />Contractor shall cause such services or certifications
<br />to be provided by a properly licensed professional,
<br />whose signature and seal shall appear on all
<br />drawings, calculations, specifications, certifications,
<br />Shop Drawings and other submittals prepared by
<br />such professional. Shop Drawings and other
<br />submittals related to the Work designed or certified
<br />by such professional, if prepared by others, shall
<br />bear such professional's written approval when
<br />submitted to Engineer,
<br />
<br />C. Owner and Engineer shall be entitled to
<br />rely upon the adequacy, accuracy and completeness
<br />of the services, certifications or approvals performed
<br />by such design professionals, provided Owner and
<br />Engineer have specified to Contractor all
<br />performance and design criteria that such services
<br />must satisfy.
<br />
<br />D. Pursuant to this Paragraph 6.21,
<br />Engineer's review and approval of design
<br />calculations and design drawings will be only for the
<br />limited purpose of checking for conformance with
<br />performance and design criteria given and the
<br />design concept expressed in the Contract
<br />Documents. Engineer's review and approval of Shop
<br />Drawings and other submittals (except design
<br />calculations and design drawings) will be only for the
<br />purpose stated in Paragraph 6.17.D.1.
<br />
<br />E. Contractor shall not be responsible for the
<br />adequacy of the performance or design criteria
<br />required by the Contract Documents.
<br />
<br />ARTICLE 7 - OTHER WORK AT THE SITE
<br />
<br />7.01
<br />
<br />Related Work at Site
<br />
<br />A. Owner may perform other work related to
<br />the Project at the Site with Owner's employees, or
<br />via other direct contracts therefor, or have other
<br />work performed by utility owners. If such other work
<br />is not noted in the Contract Documents, then:
<br />
<br />1. written notice thereof will be given to
<br />Contractor prior to starting any such other work; and
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright iD 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 27
<br />
<br />Final Version 01/07
<br />
<br />03-4197
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