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B. If CONTRACTOR performs any Work knowing or B. Removal of Debris During Performance of the Work- <br /> having reason to know that it is contrary to Laws or Regulations , During the progress of the Work CONTRACTOR shall keep the <br /> CONTRACTOR shall bear all claims, costs , losses, and Site and other areas free from accumulations <br /> of waste <br /> damages (including but not limited to all fees and charges of materials, rubbish, and other debris . Removal and <br />disposal of <br /> engineers, architects, attorneys, and other professionals and all such waste materials , rubbish, and other debris shall conform to <br /> court or arbitration or other dispute resolution costs) arising out applicable Laws and Regulations. <br /> of or relating to such Work; however, it shall not be <br /> CONTRACTOR's primary responsibility to make certain that the C. Cleaning. Prior to Substantial Completion of the Work <br /> Specifications and Drawings are in accordance with Laws and CONTRACTOR shall dean the Site and make it ready <br /> for <br /> Regulations, but this shall not relieve CONTRACTOR of utilization by OWNER. At the completion of the Work <br /> CON- <br /> CONTRACTOR's obligations under paragraph 3.03. TRACTOR shall remove from the Site all tools, appliances, <br /> construction equipment and machinery, and surplus materials <br /> C. Changes in Laws or Regulations not known at the and shall restore to original condition all property not designated <br /> time of opening of Bids (or, on the Effective Date of the for alteration by the Contract Documents. <br /> Agreement if there were no Bids) having an effect on the cost or <br /> time of performance of the Work may be the subject of an D. Loading Structures: CONTRACTOR shall not load <br /> adjustment in Contract Price or Contract Times. If OWNER and nor permit any part of any structure to be loaded in any manner <br /> CONTRACTOR are unable to agree on entitlement to or on the that will endanger the structure, nor shall CONTRACTOR <br /> amount or extent, if any, of any such adjustment, a Claim may subject any part of the Work or adjacent property to stresses or <br /> be made therefore as provided in paragraph 10.05. pressures that will endanger it. <br /> 6. 10 Taxes 6. 12 Record Documents <br /> A. CONTRACTOR shall pay all sales, consumer, use, A. CONTRACTOR shall maintain in a safe place at the <br /> and other similar taxes required to be paid by CONTRACTOR in Site one record copy of all Drawings, Specifications , Addenda, <br /> accordance with the Laws and Regulations of the place of the Written Amendments, Change Orders, Work Change <br /> Project which are applicable during the performance of the Directives, Field Orders , and written interpretations and <br /> Work• clarifications in good order and annotated to show changes <br /> made during construction. These record documents together <br /> 6. 11 Use of Site and Other Areas with all approved Samples and a counterpart of all approved <br /> Shop Drawings will be available to ENGINEER for reference. <br /> A. Limitation on Use of Site and Other Areas Upon completion of the Work, these record documents, <br /> Samples, and Shop Drawings will be delivered to ENGINEER <br /> 1 . CONTRACTOR shall confine construction equip- for OWNER. <br /> ment, the storage of materials and equipment, and the <br /> operations of workers to the Site and other areas 6. 13 Safety and Protection <br /> permitted by Laws and Regulations, and shall not <br /> unreasonably encumber the Site and other areas with A. CONTRACTOR shall be solely responsible for <br /> construction equipment or other materials or equipment. initiating, maintaining and supervising all safety precautions and <br /> CONTRACTOR shall assume full responsibility for any programs in connection with the Work. CONTRACTOR shall <br /> damage to any such land or area, or to the owner or take all necessary precautions for the safety of, <br /> and shall <br /> occupant thereof, or of any adjacent land or areas provide the necessary protection to prevent damage, <br /> injury or <br /> resulting from the performance of the Work. loss to: <br /> 2. Should any claim be made by any such owner or 1 . all persons on the Site or who may be affected <br /> occupant because of the performance of the Work, by the Work; <br /> CONTRACTOR shall promptly settle with such other <br /> party by negotiation or otherwise resolve the claim by 2. all the Work and materials and equipment to be <br /> arbitration or other dispute resolution proceeding or at incorporated therein, whether in storage on or off the <br /> law- Site; and <br /> 3. To the fullest extent permitted by Laws and 3. other property at the Site or adjacent thereto, <br /> Regulations, CONTRACTOR shall indemnify and hold including trees, shrubs, lawns , walks, pavements, <br /> harmless OWNER, ENGINEER, ENGINEER's roadways, structures, utilities , and Underground Facili- <br /> Consultant, and the officers, directors, partners , ties not designated for removal, relocation, or <br /> employees, agents, and other consultants of each and replacement in the course of construction. <br /> any of them from and against all claims, costs, losses, <br /> and damages (including but not limited to all fees and B. CONTRACTOR shall comply with all applicable Laws <br /> charges of engineers, architects, attorneys, and other and Regulations relating to the safety of persons or property, or <br /> professionals and all court or arbitration or other dispute to the protection of persons or property from damage, injury, or <br /> resolution costs) arising out of or relating to any claim or loss; and shall erect and maintain all necessary safeguards for <br /> action, legal or equitable, brought by any such owner or such safety and protection. CONTRACTOR shall notify owners <br /> occupant against OWNER, ENGINEER, or any other of adjacent property and of Underground Facilities and other <br /> party indemnified hereunder to the extent caused by or utility owners when prosecution of the Work may affect them, <br /> based upon CONTRACTOR's performance of the and shall cooperate with them in the protection, removal, <br /> Work• relocation, and replacement of their property. All damage, <br /> injury, or loss to any property referred to in paragraph 6. 13.A.2 <br /> or 6. 13.A.3 caused, directly or indirectly, in whole or in part, by <br /> 6706-38392\8/20/03 00700- 18 VRB <br />