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A . The acceptance by the CONTRACTOR of final payment shall be and shall operate <br /> as a release to the OWNER from all claims and all liability to the CONTRACTOR <br /> other than claims in stated amounts as may be specifically excepted by the <br /> CONTRACTOR for all things done or furnished in connection with the work <br /> under this Contract and for every act and neglect of the OWNER and others <br /> relating to or arising out of the work . Any payment, however, final or otherwise , <br /> shall not release the CONTRACTOR or its sureties from any obligations under <br /> the Contract Documents or the Payment and Performance Bonds , <br /> ARTICLE 7 = INDEMNIFICATION <br /> 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with <br /> paragraph 6 . 20 ( Indemnification) of the General Conditions to the Construction Contract, <br /> ARTICLE 8 on CONTRACTOR ' S REPRESENTATIONS <br /> 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the <br /> following representations : <br /> A . CONTRACTOR has examined and carefully studied the Contract Documents and the <br /> other related data identified in the Bidding Documents. <br /> Be CONTRACTOR has visited the Site and become familiar with and is satisfied as to the <br /> general , local , and Site conditions that may affect cost, progress , and performance of the <br /> Work. <br /> C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and <br /> Regulations that may affect cost, progress , and performance of the Work . <br /> D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of <br /> subsurface conditions at or contiguous to the Site and all drawings of physical conditions <br /> in or relating to existing surface or subsurface structures at or contiguous to the Site <br /> (except Underground Facilities) which have been identified in the Supplementary <br /> Conditions as provided in paragraph 4 . 02 of the General Conditions and (2) reports and <br /> drawings of a Hazardous Environmental Condition , if any, at the Site which have been <br /> identified in the Supplementary Conditions as provided in paragraph 4 .06 of the General <br /> Conditions , <br /> E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having <br /> done so) all additional or supplementary examinations , investigations , explorations , tests , <br /> studies, and data concerning conditions (surface, subsurface , and Underground Facilities) <br /> at or contiguous to the Site which may affect cost, progress , or performance of the Work <br /> or which relate to any aspect of the means , methods , techniques , sequences , and <br /> procedures of construction to be employed by CONTRACTOR , including applying the <br /> specific means , methods , techniques , sequences, and procedures of construction , if any, <br /> expressly required by the Contract Documents to be employed by CONTRACTOR , and <br /> safety precautions and programs incident thereto <br /> F. CONTRACTOR does not consider that any further examinations , investigations , <br /> explorations , tests , studies , or data are necessary for the performance of the Work at the <br /> Contract Price , within the Contract Times , and in accordance with the other terms and <br /> conditions of the Contract Documents . <br /> 00520 - 5 Agreement.doc <br /> F:\Purchasing\Bids\2007-2008 FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PLVlgreement.doc <br />