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<br />A. To the fullest extent permitted by Laws and
<br />Regulations, Contractor shall indemnify and hold
<br />harmless Owner and Engineer, and the officers, directors,
<br />partners, employees, agents, consultants and
<br />subcontractors of each and any of them from and against
<br />all claims, costs, losses, and damages (including but not
<br />A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects,
<br />to the Progress Schedule during all disputes or attorneys, and other professionals and all court or
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 24
<br />
<br />with respect to Contractor's review and approval of that
<br />submittal.
<br />
<br />3. With each submittal, Contractor shall give
<br />Engineer specific written notice of any variations, that the
<br />Shop Drawing or Sample may have from the requirements
<br />of the Contract Documents. This notice shall be both a
<br />written communication separate from the Shop Drawing's
<br />or Sample Submittal; and, in addition, by a specific
<br />notation made on each Shop Drawing or Sample submit-
<br />ted to Engineer for review and approval of each such
<br />variation.
<br />
<br />D. Engineer's Review
<br />
<br />I. Engineer will provide timely review of Shop
<br />Drawings and Samples in accordance with the Schedule
<br />of Submittals acceptable to Engineer, Engineer's review
<br />and approval will be only to determine if the items
<br />covered by the submittals will, after installation or
<br />incorporation in the Work, conform to the information
<br />given in the Contract Documents and be compatible with
<br />the design concept of the completed Project as a
<br />functioning whole as indicated by the Contract Docu-
<br />ments.
<br />
<br />2. Engineer's review and approval will not
<br />extend to means, methods, techniques, sequences, or
<br />procedures of construction (except where a particular
<br />means, method, technique, sequence, or procedure of con-
<br />struction is specifically and expressly called for by the
<br />Contract Documents) or to safety precautions or programs
<br />incident thereto. The review and approval of a separate
<br />item as such will not indicate approval of the assembly in
<br />which the item functions.
<br />
<br />3. Engineer's review and approval shall not
<br />relieve Contractor from responsibility for any variation
<br />from the requirements of the Contract Documents unless
<br />Contractor has complied with the requirements of
<br />Paragraph 6.17.C.3 and Engineer has given written
<br />approval of each such variation by specific written
<br />notation thereof incorporated in or accompanying the
<br />Shop Drawing or Sample. Engineer's review and approval
<br />shall not relieve Contractor from responsibility for
<br />complying with the requirements of Paragraph 6.17.C. L
<br />
<br />E. Resubmittal Procedures
<br />
<br />I. Contractor shall make corrections required by
<br />Engineer and shall return the required number of cor-
<br />rected copies of Shop Drawings and submit, as required,
<br />new Samples for review and approval. Contractor shall
<br />direct specific attention in writing to revisions other than
<br />the corrections called for by Engineer on previous
<br />submittals.
<br />
<br />6.18
<br />
<br />Continuing the Work
<br />
<br />disagreements with Owner. No Work shall be delayed or
<br />postponed pending resolution of any disputes or
<br />disagreements, except as permitted by Paragraph 15.04 or
<br />as Owner and Contractor may otherwise agree in writing.
<br />
<br />6.19 Contractor's General Warranty and Guarantee
<br />
<br />A. Contractor warrants and guarantees to Owner
<br />that all Work will be in accordance with the Contract
<br />Documents and will not be defective. Engineer and its
<br />Related Entities shall be entitled to rely on representation
<br />of Contractor's warranty and guarantee.
<br />
<br />B. Contractor's warranty and guarantee
<br />hereunder excludes defects or damage caused by:
<br />
<br />I. abuse, modification, or improper maintenance
<br />or operation by persons other than Contractor, Sub-
<br />contractors, Suppliers, or any other individual or entity for
<br />whom Contractor is responsible; or
<br />
<br />2. normal wear and tear under normal usage.
<br />
<br />C. Contractor's obligation to perform 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 Contractor's
<br />obligation to perform the Work in accordance with the
<br />Contract Documents:
<br />
<br />I. 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 thereto
<br />by Owner;
<br />
<br />4. use or occupancy of the Work or any part
<br />thereof by Owner;
<br />
<br />5. any review and approval ofa Shop Drawing or
<br />Sample submittal or the issuance of a notice of acceptabil-
<br />ity by Engineer;
<br />
<br />6. any inspection, test, or approval by others; or
<br />
<br />7. any correction of defective Work by Owner.
<br />
<br />6.20
<br />
<br />Indemnification
<br />
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