harmless OWNER, ENGINEER, R "IQ1 opinions , reports, surveys , Change Orders ,
<br /> 1291PIRI l# Pt8, and the officers, directors, partners , designs , or Specifications ; or
<br /> employees , agents , and other consultants and
<br /> subcontractors of each and any of them from and 2 , giving directions or instructions , or
<br /> against all claims , costs , losses , and damages failing to give them , if that is the primary cause
<br /> (including but not limited to all fees and charges of of the injury or damage ,
<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 ARTICLE 7 - OTHER WORK
<br /> the performance of the Work, provided that any such
<br /> claim , cost, loss , or damage:
<br /> 7 . 01 Related Work at Site
<br /> 1 . is attributable to bodily injury,
<br /> sickness , disease, or death , or to injury to or A. OWNER may perform other work related to
<br /> destruction of tangible property (other than the the Project at the Site by OWNER's employees , or let
<br /> Work itself), including the loss of use resulting other direct contracts therefore, or have other work
<br /> therefrom ; and performed by utility owners . If such other work is not
<br /> noted in the Contract Documents, then :
<br /> 2 * is caused in whole or in part by any
<br /> negligent act or omission of CONTRACTOR, 1 . written notice thereof will be given to
<br /> any Subcontractor, any Supplier, or any CONTRACTOR prior to starting any such other
<br /> individual or entity directly or indirectly work; and
<br /> employed by any of them to perform any of the
<br /> Work or anyone for whose acts any of them 2 . if OWNER and CONTRACTOR are
<br /> may be liable, regardless of whether or not unable to agree on entitlement to or on
<br /> the
<br /> caused in part by any negligence or omission of amount or extent, if any, of any adjustment in
<br /> an individual or entity indemnified hereunder or the Contract Price or Contract Times that
<br /> whether liability is imposed upon such indemni- should be allowed as a result of such other
<br /> fied party by Laws and Regulations regardless work, a Claim may be made therefor as
<br /> of the negligence of any such individual or provided in paragraph 10 .05 .
<br /> entity.
<br /> B . CONTRACTOR shall afford each other
<br /> B . In any and all claims against OWNER or contractor who is a party to such a direct contract and
<br /> ENGINEER or any of their respective consultants , each utility owner (and OWNER, if OWNER is per-
<br /> agents, officers , directors, partners, or employees by forming the other work with OWNER's employees )
<br /> any employee (or the survivor or personal proper and safe access to the Site and a reasonable
<br /> representative of such employee) of CONTRACTOR, opportunity for the introduction and storage of
<br /> any Subcontractor, any Supplier, or any individual or materials and equipment and the execution of such
<br /> entity directly or indirectly employed by any of them to other work and shall properly coordinate the Work with
<br /> perform any of the Work, or anyone for whose acts theirs . Unless otherwise provided in the Contract
<br /> any of them may be liable, the indemnification Documents , CONTRACTOR shall do all cutting ,
<br /> obligation under paragraph 6 .20 .A shall not be limited fitting , and patching of the Work that may be required
<br /> in any way by any limitation on the amount or type of to properly connect or otherwise make its several
<br /> damages , compensation , or benefits payable by or for parts come together and properly integrate with such
<br /> CONTRACTOR or any such Subcontractor, Supplier, other work. CONTRACTOR shall not endanger any
<br /> or other individual or entity under workers' compen- work of others by cutting , excavating , or otherwise
<br /> sation acts , disability benefit acts , or other employee altering their work and will only cut or alter their work
<br /> benefit acts . with the written consent of ENGINEER and the others
<br /> whose work will be affected . The duties and
<br /> C . The indemnification obligations of CON- responsibilities of CONTRACTOR under this
<br /> TRACTOR under paragraph 6 .20 .A shall not extend to paragraph are for the benefit of such utility owners and
<br /> the liability of ENGINEER aaa —€AIS€ER's other contractors to the extent that there are
<br /> Gem ltants or to the officers, directors , partners , comparable provisions for the benefit of
<br /> employees , agents, and other consultants and CONTRACTOR in said direct contracts between
<br /> subcontractors of each and any of them arising out of: OWNER and such utility owners and other
<br /> contractors .
<br /> 1 . the preparation or approval of, or the
<br /> failure to prepare or approve , maps , Drawings ,
<br /> 00700 - General Conditions
<br /> 00700 - 26
<br /> FAEngineeringTetition Paving\0522 Ist Rd. from 32nd Ave. to 35th Ave\Bld Documentst00700 - General Conditions.doc
<br />
|