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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 Intearation. 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 />F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 1 lth Place\0216 Federal Con46 <br />tract <br />Provisions.doc pB 3:06:25 PM <br />