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deliver all such papers and take all such steps including the legal assignment of his contractual rights , as the <br /> Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such <br /> obligations or commitments . <br /> GC 53 REMOVAL OF EQUIPMENT . <br /> In the case of termination of this Contract before completion , from any cause whatsoever, the <br /> Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and <br /> supplies from the property of the Owner, failing which the Owner shall have the right to remove such <br /> equipment and supplies at the expense of the Contractor. <br /> GC 54 WARRANTY . <br /> Contractor shall warrant that all materials and equipment included in such Work will be new except <br /> where indicated otherwise in Contract Documents , and that such work will be of good quality, free from <br /> improper workmanship and defective materials and in conformance with the drawings and specifications . <br /> Contractor warrants all equipment, materials and labor furnished under this Contract against defect in design , <br /> materials and workmanship for a period of twelve ( 12 ) months from Final Payment, unless longer warranties <br /> are provided in the Contract Documents in which case the longer period prevails . The Contractor shall collect <br /> and deliver to the Owner any specific written warranties given by others as required by the Contract <br /> Documents . Notwithstanding any provisions in the Contract Documents to the contrary, this express warranty <br /> shall commence on the date the Owner obtains the final certificate of occupancy for the Project (or <br /> equivalent) . The Contractor shall conduct, jointly with the Owner, a warranty inspection nine (9 ) months after <br /> the date of Final Completion . Upon receipt of Notice from the Owner of failure of any part of the guaranteed <br /> equipment or materials during the guarantee period , the defective parts or materials shall be replaced <br /> promptly with new parts or materials by the Contractor, at no expense to the Owner. <br /> GC 55 ROYALTIES AND PATENTS . <br /> The Contractor shall pay for all royalties and license fees . Contractor indemnifies and shall defend <br /> and hold Owner and its representatives harmless from and against all claims , losses , costs , damages and <br /> expenses , including attorney fees in connection with any claims or actions based upon infringement of any <br /> patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor <br /> under the Contract . The Owner shall be responsible for all such loss when a particular process or the product <br /> of a particular manufacturer, or manufacturers , is specified ; but if the Contractor has information that the <br /> process or article specified is an infringement of a patent, he shall be responsible for such loss unless he <br /> promptly gives such information to the Engineer. <br /> GC 56 VERBAL AGREEMENTS . <br /> No verbal agreement or conversation with any officer, agent or employee of the Owner either before <br /> or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the <br /> documents comprising said Contract. All contract amendments or change orders shall be written and <br /> executed by both Owner and Contractor. <br /> GC 57 MISCELLANEOUS TERMS , <br /> GC 57 . 1 Headings . The headings contained in these General Terms and Conditions are <br /> provided for convenience only. <br /> GC 57 .2 Integration . This Contract constitutes the entire agreement between Contractor and <br /> the Owner and supersedes all prior verbal and written agreements , understandings , negotiations and <br /> discussions between the parties hereto . The Invitation to Bid and its terms and conditions are <br /> incorporated herein and made a part of this Contract. No verbal agreement or conversation with any <br /> officer, agent or employee of the Owner either before or after execution of the Contract shall affect or <br /> modify any of the terms or obligations contained in any of the documents comprising said Contract . <br /> GC 57 . 3 Severability. The invalidity, illegality or unenforceability of any provision of the <br /> Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and <br /> the Contract shall be construed and enforced in all respects as if the invalid , illegal or unenforceable <br /> 46 <br /> F :\Engineering\Capital Projects\0604- 12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal <br /> Contract Provisions .doc M2" 3.20:34 PM <br />