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Documents with respect to CONTRACTOR's review 6. 18 Continuing the Work and approval of that submittal . A. CONTRACTOR shall carry on the Work and adhere to 3 . At the time of each submittal , CONTRACTOR the progress schedule during all disputes or disagreements with shall give ENGINEER specific written notice of such OWNER. No Work shall be delayed or postponed pending variations, if any, that the Shop Drawing or Sample resolution of any disputes or disagreements , except as submitted may have from the requirements of the permitted by paragraph 15. 04 or as OWNER and Contract Documents, such notice to be in a written com- CONTRACTOR may otherwise agree in writing . munication separate from the submittal ; and , in addition, shall cause a specific notation to be made on each Shop 6 . 19 CONTRACTOR's General Warranty and Guarantee Drawing and Sample submitted to ENGINEER for ' review and approval of each such variation . A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be E. ENGINEER's Review in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder ' 1 . ENGINEER will timely review and approve Shop excludes defects or damage caused by: Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to 1 . abuse, modification, or improper maintenance or ENGINEER. ENGINEER's review and approval will be operation by persons other than CONTRACTOR, Sub- only to determine if the items covered by the submittals contractors , Suppliers , or any other individual or entity will , after installation or incorporation in the Work, con- for whom CONTRACTOR is responsible; or form to the information given in the Contract Documents and be compatible with the design concept of the 2. normal wear and tear under normal usage. ' completed Project as a functioning whole as indicated by the Contract Documents . B . CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be 2. ENGINEER's review and approval will not extend absolute. None of the following will constitute an acceptance of to means, methods , techniques, sequences, or Work that is not in accordance with the Contract Documents or procedures of construction (except where a particular a release of CONTRACTOR's obligation to perform the Work in means , method, technique, sequence, or procedure of accordance with the Contract Documents : construction is specifically and expressly called for by the Contract Documents ) or to safety precautions or 1 . observations by ENGINEER; programs incident thereto. The review and approval of a separate item as such will not indicate approval of the 2 . recommendation by ENGINEER or payment by assembly in which the item functions. OWNER of any progress or final payment; 3. ENGINEER's review and approval of Shop 3. the issuance of a certificate of Substantial Drawings or Samples shall not relieve CONTRACTOR Completion by ENGINEER or any payment related from responsibility for any variation from the require- thereto by OWNER ; ' ments of the Contract Documents unless CONTRAC- TOR has in writing called ENGINEER's attention to 4 . use or occupancy of the Work or any part thereof each such variation at the time of each submittal as re- by OWNER; quired by paragraph 6. 17. D. 3 and ENGINEER has given written approval of each such variation by specific 5. any acceptance by OWNER or any failure to do written notation thereof incorporated in or accompanying so; the Shop Drawing or Sample approval ; nor will any approval by ENGINEER relieve CONTRACTOR from 6. any review and approval of a Shop Drawing or responsibility for complying with the requirements of Sample submittal or the issuance of a notice of accept- paragraph 6. 17. D . 1 . ability by ENGINEER; F. Resubmittal Procedures 7. any inspection , test, or approval by others ; or ' 1 . CONTRACTOR shall make corrections required 8. any correction of defective Work by OWNER. by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as 6 . 20 Indemnification required new Samples for review and approval . CON- TRACTOR shall direct specific attention in writing to A. To the fullest extent permitted by Laws and Regula- revisions other than the corrections called for by ENGI- tions , CONTRACTOR shall indemnify and hold harmless NEER on previous submittals . OWNER, ENGINEER, ENGINEER's Consultants , and the ' officers , directors , partners , employees , agents , and other consultants and subcontractors of each and any of them from and against all claims , costs , losses, and damages ( including but not limited to all fees and charges of engineers, architects , ' 044572000 00700 - 21