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2. ENGINEER's review and approval will not extend 2. recommendation by ENGINEER or payment by
<br /> to means, methods, techniques, sequences, or OWNER of any progress or final payment;
<br /> procedures of construction (except where a particular
<br /> means, method, technique, sequence, or procedure of 3. the issuance of a certificate of Substantial
<br /> construction is specifically and expressly called for by Completion by ENGINEER or any payment related
<br /> the Contract Documents) or to safety precautions or thereto by OWNER;
<br /> programs incident thereto. The review and approval of
<br /> a separate item as such will not indicate approval of the 4. use or occupancy of the Work or any part thereof
<br /> assembly in which the item functions. by OWNER;
<br /> 3. ENGINEER's review and approval of Shop 5. any acceptance by OWNER or any failure to do
<br /> Drawings or Samples shall not relieve CONTRACTOR so;
<br /> from responsibility for any variation from the require-
<br /> ments of the Contract Documents unless CONTRAC- 6. any review and approval of a Shop Drawing or
<br /> TOR has in writing called ENGINEER's attention to Sample submittal or the issuance of a notice of accept-
<br /> each such variation at the time of each submittal as re- ability by ENGINEER ;
<br /> quired by paragraph 6. 17 . D. 3 and ENGINEER has
<br /> given written approval of each such variation by specific 7. any inspection , test, or approval by others; or
<br /> written notation thereof incorporated in or accompanying
<br /> the Shop Drawing or Sample approval ; nor will any 8. any correction of defective Work by OWNER.
<br /> approval by ENGINEER relieve CONTRACTOR from
<br /> responsibility for complying with the requirements of 6 . 20 Indemnification
<br /> paragraph 6. 17. D. 1 .
<br /> A. To the fullest extent permitted by Laws and Regula-
<br /> F. Resubmittal Procedures tions, CONTRACTOR shall indemnify and hold harmless
<br /> OWNER, ENGINEER, ENGINEER's Consultants, and the
<br /> 1 . CONTRACTOR shall make corrections required officers, directors, partners, employees, agents, and other
<br /> by ENGINEER and shall return the required number of consultants and subcontractors of each and any of them from
<br /> corrected copies of Shop Drawings and submit as and against all claims, costs, losses, and damages
<br /> (including
<br /> required new Samples for review and approval. CON- but not limited to all fees and charges of engineers, architects,
<br /> TRACTOR shall direct specific attention in writing to attorneys, and other professionals and all court or arbitration
<br /> or
<br /> revisions other than the corrections called for by ENGI- other dispute resolution costs) arising out of or relating
<br /> to the
<br /> NEER on previous submittals. performance of the Work, provided that any such claim , cost,
<br /> 6. 18 Continuing the Work loss, or damage:
<br /> Us attributable to bodily injury, sickness, disease,
<br /> A. CONTRACTOR shall carry on the Work and adhere or death, or to injury to or destruction of tangible
<br /> to the progress schedule during all disputes or disagreements property (other than the Work itself), including the loss
<br /> with OWNER. No Work shall be delayed or postponed pending of use resulting therefrom; and
<br /> resolution of any disputes or disagreements, except as
<br /> permitted by paragraph 15.04 or as OWNER and 2. is caused in whole or in part by any negli-
<br /> CONTRACTOR may otherwise agree in writing . gent act or omission of CONTRACTOR, any Sub-
<br /> contractor, any Supplier, or any individual or entity
<br /> 6. 19 CONTRACTOR's General Warranty and Guarantee directly or indirectly employed by any of them to perform
<br /> any of the Work or anyone for whose acts any of them
<br /> A. CONTRACTOR warrants and guarantees to OWNER, may be liable, regardless of whether or not caused in
<br /> ENGINEER, and ENGINEER's Consultants that all Work will be part by any negligence or omission of an individual or
<br /> in accordance with the Contract Documents and will not be entity indemnified hereunder or whether
<br /> liability is
<br /> defective. CONTRACTOR's warranty and guarantee hereunder imposed upon such indemnified party by Laws and
<br /> excludes defects or damage caused by: Regulations regardless of the negligence of any such
<br /> individual or entity.
<br /> 1 . abuse, modification , or improper maintenance or
<br /> operation by persons other than CONTRACTOR, Sub- B. In any and all claims against OWNER or ENGINEER
<br /> contractors, Suppliers , or any other individual or entity or any of their respective consultants, agents, officers, directors,
<br /> for whom CONTRACTOR is responsible; or partners, or employees by any employee (or the survivor or
<br /> personal representative of such employee) of CONTRACTOR,
<br /> 2. normal wear and tear under normal usage. any Subcontractor, any Supplier, or any individual or entity
<br /> directly or indirectly employed by any of them to perform any of
<br /> B. CONTRACTOR's obligation to perform and complete the Work, or anyone for whose acts any of them may be liable,
<br /> the Work in accordance with the Contract Documents shall be the indemnification obligation under paragraph 6. 20.A shall not
<br /> absolute. None of the following will constitute an acceptance of be limited in any way by any limitation on the amount
<br /> or type of
<br /> Work that is not in accordance with the Contract Documents or damages, compensation , or benefits payable by or for
<br /> CON-
<br /> a release of CONTRACTOR's obligation to perform the Work in TRACTOR or any such Subcontractor, Supplier, or
<br /> other
<br /> accordance with the Contract Documents: individual or entity under workers' compensation acts, disability
<br /> 1 . observations by ENGINEER; benefit acts, or other employee benefit acts.
<br /> C. The indemnification obligations of CONTRACTOR
<br /> under paragraph 6. 20.A shall not extend to the liability of
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