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D. CONTRACTOR shall be solely responsible CONTRACTOR shall indemnify and hold harmless <br /> for scheduling and coordinating the Work of Subcon- OWNER , ENGINEER , ENGINEER's Consultants, and <br /> tractors, Suppliers, and other individuals or entities the officers, directors, partners, employees or agents, <br /> performing or furnishing any of the Work under a and other consultants of each and any of them <br /> from <br /> direct or indirect contract with CONTRACTOR. and against all claims, costs, losses, and damages <br /> (including but not limited to all fees and charges of <br /> E. CONTRACTOR shall require all Subcontrac- engineers, architects, attorneys, and other <br /> tors, Suppliers, and such other individuals or entities professionals and all court or arbitration or other <br /> performing or furnishing any of the Work to commu- dispute resolution costs) arising out of or relating to <br /> nicate with ENGINEER through CONTRACTOR. any infringement of patent rights or copyrights incident <br /> to the use in the performance of the Work or resulting <br /> F. The divisions and sections of the Specifica- from the incorporation in the Work of any invention <br />, <br /> tions and the identifications of any Drawings shall not design , process, product, or device not specified in the <br /> control CONTRACTOR in dividing the Work among Contract Documents. <br /> Subcontractors or Suppliers or delineating the Work to <br /> be performed by any specific trade. 6. 08 Permits <br /> G . All Work performed for CONTRACTOR by a A. Unless otherwise provided in the Supple- <br /> Subcontractor or Supplier will be pursuant to an mentary Conditions, CONTRACTOR shall obtain and <br /> appropriate agreement between CONTRACTOR and pay for all construction permits and licenses. OWNER <br /> the Subcontractor or Supplier which specifically binds shall assist CONTRACTOR, when necessary, in <br /> the Subcontractor or Supplier to the applicable terms obtaining such permits and licenses. CONTRACTOR <br /> and conditions of the Contract Documents for the shall pay all governmental charges and inspection <br /> benefit of OWNER and ENGINEER . Whenever any fees necessary for the prosecution of the Work which <br /> such agreement is with a Subcontractor or Supplier are applicable at the time of opening of Bids, <br /> or, if <br /> who is listed as an additional insured on the property there are no Bids, on the Effective Date of the <br /> insurance provided in paragraph 5. 06, the agreement Agreement. CONTRACTOR shall pay all charges of <br /> between the CONTRACTOR and the Subcontractor utility owners for connections to the Work, and <br /> or Supplier will contain provisions whereby the OWNER shall pay all charges of such utility owners <br /> Subcontractor or Supplier waives all rights against for capital costs related thereto, such as plant <br /> OWNER , CONTRACTOR, ENGINEER, ENGINEER's investment fees. <br /> Consultants, and all other individuals or entities <br /> identified in the Supplementary Conditions to be listed 6 . 09 Laws and Regulations <br /> as insureds or additional insureds (and the officers, <br /> directors, partners, employees, agents, and other A. CONTRACTOR shall give all notices and <br /> consultants and subcontractors of each and any of comply with all Laws and Regulations applicable to the <br /> them) for all losses and damages caused by, arising performance of the Work. Except where otherwise <br /> out of, relating to, or resulting from any of the perils or expressly required by applicable Laws . and <br /> causes of loss covered by such policies and any other Regulations, neither OWNER nor ENGINEER shall be <br /> property insurance applicable to the Work. If the responsible for monitoring CONTRACTOR's complF <br /> insurers on any such policies require separate waiver ance with any Laws or Regulations, <br /> forms to be signed by any Subcontractor or Supplier, <br /> CONTRACTOR will obtain the same. B. If CONTRACTOR performs any Work know- <br /> ing or having reason to know that it is contrary to Laws <br /> 6. 07 Patent Fees and Royalties or Regulations, CONTRACTOR shall bear all claims, <br /> costs, losses, and darhages ( including but not limited <br /> A. CONTRACTOR shall pay all license fees and to all fees and charges of engineers, architects, <br /> royalties and assume all costs incident to the use in attorneys, and other professionals and all court <br /> or <br /> the performance of the Work or the incorporation in arbitration or other dispute resolution costs) arising out <br /> the Work of any invention, design , process, product, of or relating to such Work; however, it shall <br /> not be <br /> or device which is the subject of patent rights or CONTRACTOR's primary responsibility to make <br /> copyrights held by others. If a particular invention , certain that the Specifications and Drawings <br /> are in <br /> design , process, product, or device is specified in the accordance with Laws and Regulations, but this shall <br /> Contract Documents for use in the performance of the not relieve CONTRACTOR of CONTRACTOR's <br /> Work and if to the actual knowledge of OWNER or obligations under paragraph 3. 03. <br /> ENGINEER its use is subject to patent rights or <br /> copyrights calling for the payment of any license fee or C. Changes in Laws or Regulations not known at <br /> royalty to others, the existence of such rights shall be the time of opening of Bids (or, on the Effective Date <br /> disclosed by OWNER in the Contract Documents. To of the Agreement if there were no Bids) having an <br /> the fullest extent permitted by Laws and Regulations, effect on the cost or time of performance of the Work <br /> 00700 - General Conditions REV 04-07.doc <br /> 00700 - 21 <br /> FAIDublic Works\ENGINEERING DIVISION PROJECTS10545-66Th Ave SR60 to 57th St (Arcadis)Wdmim\Bid DocumentsX00700 - General Conditions REV 04-07.doc <br /> i J <br />