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' to OWNER as indicated in paragraph 6.06. 6), whether initially insurance provided in paragraph 5.06, the agreement between <br /> or as a replacement, against whom OWNER may have reason- the CONTRACTOR and the Subcontractor or Supplier will <br /> able objection. CONTRACTOR shall not be required to employ contain provisions whereby the Subcontractor or <br />Supplier <br /> any Subcontractor, Supplier, or other individual or entity to waives all rights against OWNER, CONTRACTOR, <br /> ENGI- <br /> fumish or perform any of the Work against whom NEER, ENGINEER's Consultants, and all other individuals or <br /> CONTRACTOR has reasonable objection. entities identified in the Supplementary Conditions to be listed <br /> as insureds or additional insureds (and the officers, directors , <br /> ' B. If the Supplementary Conditions require the identity of partners, employees, agents, and other consultants and <br /> certain Subcontractors, Suppliers , or other individuals or entities subcontractors of each and any of them) for all <br />losses and <br /> to be submitted to OWNER in advance for acceptance by damages caused by, arising out of, relating to, or resulting <br /> from <br /> OWNER by a specified date prior to the Effective Date of the any of the perils or causes of loss covered by such policies <br /> and <br /> ' Agreement, and if CONTRACTOR has submitted a list thereof any other property insurance applicable to the Work. If the <br /> in accordance with the Supplementary Conditions , OWNER's insurers on any such policies require separate waiver forms to <br /> acceptance (either in writing or by failing to make written objec- be signed by any Subcontractor or Supplier, CONTRACTOR <br /> tion thereto by the date indicated for acceptance or objection in will obtain the same. <br /> ' the Bidding Documents or the Contract Documents) of any such <br /> Subcontractor, Supplier, or other individual or entity so identified 6. 07 Patent Fees and Royalties <br /> may be revoked on the basis of reasonable objection after due <br /> investigation. CONTRACTOR shall submit an acceptable A. CONTRACTOR shall pay all license fees and <br /> replacement for the rejected Subcontractor, Supplier, or other royalties and assume all costs incident to <br />the use in the <br /> individual or entity, and the Contract Price will be adjusted by performance of the Work or the incorporation in the Work <br />of any <br /> the difference in the cost occasioned by such replacement, and invention, design, process , product, or device which <br /> is the <br /> an appropriate Change Order will be issued or Written subject of patent rights or copyrights <br /> held by others. If a <br /> Amendment signed. No acceptance by OWNER of any such particular invention, design, process, product, or device <br /> is <br /> Subcontractor, Supplier, or other individual or entity, whether specked in the Contract Documents for use in the performance <br /> initially or as a replacement, shall constitute a waiver of any of the Work and if to the actual knowledge <br /> of OWNER or <br /> right of OWNER or ENGINEER to reject defective Work. ENGINEER its use is subject to patent rights or copyrights <br /> calling for the payment of any license fee or royalty to others, <br /> ' C. CONTRACTOR shall be fully responsible to OWNER the existence of such rights shall be disclosed by OWNER in <br /> and ENGINEER for all acts and omissions of the the Contract Documents . To the fullest extent permitted by <br /> Subcontractors, Suppliers , and other individuals or entities Laws and Regulations, CONTRACTOR shall indemnify <br /> and <br /> performing or furnishing any of the Work just as hold harmless OWNER, ENGINEER, ENGINEER's <br /> ' CONTRACTOR is responsible for CONTRACTOR's own acts Consultants , and the officers, directors, partners, employees or <br /> and omissions. Nothing in the Contract Documents shall create agents, and other consultants of each and any of them from and <br /> for the benefit of any such Subcontractor, Supplier, or other against all claims, costs, losses, and damages <br />(including but <br /> individual or entity any contractual relationship between not limited to all fees and charges of engineers, architects <br />, <br /> OWNER or ENGINEER and any such Subcontractor, Supplier attorneys, and other professionals and all court or arbitration or <br /> or other individual or entity, nor shall it create any obligation on other dispute resolution costs) arising out of or <br /> relating to any <br /> the part of OWNER or ENGINEER to pay or to see to the infringement of patent rights or copyrights incident to <br /> the use in <br /> payment of any moneys due any such Subcontractor, Supplier, the performance of the Work or resulting from the incorporation <br /> ' or other individual or entity except as may otherwise be required in the Work of any invention, design, process , <br />product, or <br /> by Laws and Regulations. device not specified in the Contract Documents. <br /> D. CONTRACTOR shall be solely responsible for 6.08 Permits <br /> ' scheduling and coordinating the Work of Subcontractors, <br /> Suppliers , and other individuals or entities performing or fumish- A. Unless otherwise provided in the Supplementary <br /> ing any of the Work under a direct or indirect contract with Conditions, CONTRACTOR shall obtain and pay for all <br /> CONTRACTOR. construction permits and licenses . OWNER shall assist <br /> ' CONTRACTOR, when necessary, in obtaining such permits <br /> E. CONTRACTOR shall require all Subcontractors, and licenses. CONTRACTOR shall pay all governmental <br /> Suppliers, and such other individuals or entities performing or charges and inspection fees necessary for the prosecution <br /> of <br /> furnishing any of the Work to communicate with ENGINEER the Work which are applicable at the time of opening of Bids, or, <br /> through CONTRACTOR. if there are no Bids, on the Effective Date of the Agreement. <br /> CONTRACTOR shall pay all charges of utility owners for <br /> F. The divisions and sections of the Specifications and connections to the Work, and OWNER shall pay all charges of <br /> the identifications of any Drawings shall not control such utility owners for capital costs related thereto, such as <br /> ' CONTRACTOR in dividing the Work among Subcontractors or plant investment fees. <br /> Suppliers or delineating the Work to be performed by any <br /> specific trade. 6.09 Laws and Regulations <br /> ' G. All Work performed for CONTRACTOR by a A. CONTRACTOR shall give all notices and comply with <br /> Subcontractor or Supplier will be pursuant to an appropriate all Laws and Regulations applicable to the performance <br /> of the <br /> agreement between CONTRACTOR and the Subcontractor or Work. Except where otherwise expressly required by applicable <br /> Supplier which specifically binds the Subcontractor or Supplier Laws and Regulations, neither OWNER nor ENGINEER shall <br /> to the applicable terms and conditions of the Contract be responsible for monitoring CONTRACTOR's compliance with <br /> ' Documents for the benefit of OWNER and ENGINEER. any Lrws or Regulations. <br /> Whenever any such agreement is with a Subcontractor or <br /> Supplier who is listed as an additional insured on the property <br /> ' 6706-38392\8/20/03 00700- 17 VRB <br />