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6.07 Patent Fees and Royalties time of performance of the Work may be the subject of an
<br /> adjustment in Contract Price or Contract Times. If OWNER and
<br /> A. CONTRACTOR shall pay all license fees and CONTRACTOR are unable to agree on entitlement to or on the
<br /> royalties and assume all costs incident to the use in the amount or extent, if any, of any such adjustment,
<br /> a Claim may
<br /> performance of the Work or the incorporation in the Work of any be made therefore as provided in paragraph 10.05.
<br /> invention, design, process, product or device which is the
<br /> subject of patent rights or copyrights held by others. If a 6. 10 Taxes
<br /> particular invention, design, process, product, or device is
<br /> specified in the Contract Documents for use in the performance A. CONTRACTOR shall pay all sales, consumer, use,
<br /> of the Work and if to the actual knowledge of OWNER or and other similar taxes required to be paid by CONTRACTOR
<br />in
<br /> ENGINEER its use is subject to patent rights or copyrights accordance with the Laws and Regulations of the place
<br />of the
<br /> calling for the payment of any license fee or royalty to others, Project which are applicable during the performance
<br /> of the
<br /> the existence of such rights shall be disclosed by OWNER in Work.
<br /> the Contract Documents. To the fullest extent permitted by
<br /> Laws and Regulations, CONTRACTOR shall indemnify and 6. 11 Use of Site and Other Areas
<br /> hold harmless OWNER, ENGINEER, ENGINEER's
<br /> Consultants, and the officers, directors, partners, employees or A. Limitation on Use of Site and Other Areas
<br /> agents, and other consultants of each and any of them from and
<br /> against all claims, costs, losses, and damages (including but 1 . CONTRACTOR shall confine construction
<br /> not limited to all fees and charges of engineers, architects, equipment, the storage of materials and equipment,
<br /> and
<br /> attorneys, and other professionals and all court or arbitration or the operations of workers to the Site and other areas
<br /> other dispute resolution costs) arising out of or relating to any permitted by Laws and Regulations, and
<br /> shall not
<br /> infringement of patent rights or copyrights incident to the use in unreasonably encumber the Site and other areas with
<br /> the performance of the Work or resulting from the incorporation construction equipment or other materials or equipment
<br /> in the Work of any invention, design, process, product, or CONTRACTOR shall assume full responsibility for
<br /> any
<br /> device not specified in the Contract Documents. damage to any such land or area, or to the owner or
<br /> occupant thereof, or of any adjacent land or areas
<br /> 6.08 Permits resulting from the performance of the Work.
<br /> A. Unless otherwise provided in the Supplementary 2. Should any claim be made by any such owner or
<br /> Conditions, CONTRACTOR shall obtain and pay for all occupant because of the performance of the Work,
<br /> construction permits and licenses. OWNER shall assist CONTRACTOR shall promptly settle with such other
<br /> CONTRACTOR, when necessary, in obtaining such permits party by negotiation or otherwise resolve the claim by
<br /> and licenses. CONTRACTOR shall pay all governmental arbitration or other dispute resolution proceeding or at
<br /> charges and inspection fees necessary for the prosecution of law.
<br /> the Work which are applicable at the time of opening of Bids, or,
<br /> if there are no Bids, on the Effective Date of the Agreement. 3.To the fullest extent permitted by Laws
<br /> and
<br /> CONTRACTOR shall pay all charges of utility owners for Regulations, CONTRACTOR shall indemnify and hold
<br /> connections to the Work, and OWNER shall pay all charges of harmless OWNER, ENGINEER, ENGINEER's
<br /> such utility owners for capital costs related thereto, such as Consultant, and the officers, directors, partners,
<br /> plant Investment fees. employees, agents, and other consultants of each and
<br /> any of them from and against all claims, costs, losses,
<br /> 6.09 Laws and Regulations and damages (including but not limited to all fees and
<br /> charges of engineers, architects, attorneys, and other
<br /> A. CONTRACTOR shall give all notices and comply with professionals and all court or arbitration or other dispute
<br /> all laws and Regulations applicable to the performance of the resolution costs) arising out of or relating to any claim or
<br /> Work Except where otherwise expressly required by applicable action, legal or equitable, brought by any such owner or
<br /> Laws and Regulations, neither OWNER nor ENGINEER shall occupant against OWNER, ENGINEER, or any other
<br /> be responsible for monitoring CONTRACTOR's compliance with party indemnified hereunder to the extent caused by or
<br /> any Laws or Regulations. based upon CONTRACTOR's performance of the
<br /> Work.
<br /> B. If CONTRACTOR performs any Work knowing or
<br /> having reason to know that it is contrary to taws or Regulations, B. Removal of Debris During Performance of the Work
<br /> CONTRACTOR shall bear all claims, costs, losses, and During the progress of the Work CONTRACTOR shall keep the
<br /> damages (including but not limited to all fees and charges of Site and other areas free from accumulations
<br /> of waste
<br /> engineers, architects, attorneys, and other professionals and all materials, rubbish, and other debris. Removal and disposal
<br /> of
<br /> court or arbitration or other dispute resolution costs) arising out such waste materials, rubbish, and other debris shall conform to
<br /> of or relating to such Work; however, it shall not be applicable Laws and Regulations.
<br /> CONTRACTOR's primary responsibTity to make certain that the
<br /> Specifications and Drawings are in accordance with Laws and C. Cleaning, Prior to Substantial Completion of the Work
<br /> Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR shall dean the Site and make
<br /> it ready for
<br /> CONTRACTOR's obligations under paragraph 3.03. utilization by OWNER. At the completion of the Work
<br /> CONTRACTOR shall remove from the Site all tools, appliances,
<br /> C. Changes in Laws or Regulations not known at the construction equipment and machinery, and surplus materials
<br /> time of opening of Bids (or, on the Effective Date of the and shall restore to original condition all property
<br /> not designated
<br /> Agreement if there were no Bids) having an effect on the cost or for alteration by the Contract Documents.
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