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Suppliers, or any other individual or entity for Work itself) , including the loss of use resulting <br /> whom CONTRACTOR is responsible; or therefrom ; and <br /> 24 normal wear and tear under normal 2 . is caused in whole or in part by any <br /> usage. negligent act or omission of CONTRACTOR , <br /> any Subcontractor, any Supplier, or any <br /> Be CONTRACTOR's obligation to perform and individual or entity directly or indirectly <br /> complete the Work in accordance with the Contract employed by any of them to perform any of the <br /> Documents shall be absolute. None of the following Work or anyone for whose acts any of them <br /> will constitute an acceptance of Work that is not in may be liable, regardless of whether <br />or not <br /> accordance with the Contract Documents or a release caused in part by any negligence or omission of <br /> of CONTRACTOR's obligation to perform the Work in an individual or entity indemnified hereunder or <br /> accordance with the Contract Documents: whether liability is imposed upon such indemnk <br /> fled party by Laws and Regulations regardless <br /> 1 . observations by ENGINEER, of the negligence of any such individual or <br /> entity. <br /> 20 recommendation by ENGINEER or <br /> payment by OWNER of any progress or final Be In any and all claims against OWNER or <br /> payment; ENGINEER or any of their respective consultants , <br /> agents, officers, directors, partners, or employees by <br /> 36 the issuance of a certificate of Sub- any employee (or the survivor or A personal <br /> stantial Completion by ENGINEER or any representative of such employee) of CONTRACTOR, <br /> payment related thereto by OWNER; any Subcontractor, any Supplier, or any individual or <br /> entity directly or indirectly employed by any of them to <br /> 40 use or occupancy of the Work or any perform any of the Work, or anyone for whose acts <br /> part thereof by OWNER; any of them may be liable, the indemnification <br /> obligation under paragraph 6. 20.A shall not be limited <br /> 50 any acceptance by OWNER or any in any way by any limitation on the amount or type of <br /> failure to do so; damages, compensation, or benefits payable by or for <br /> CONTRACTOR or any such Subcontractor, Supplier, <br /> 60 any review and approval of a Shop or other individual or entity under workers' compen- <br /> Drawing or Sample submittal or the issuance of sation acts, disability benefit acts, or other employee <br /> a notice of acceptability by ENGINEER; benefit acts. <br /> 70 any inspection , test, or approval by C . The indemnification obligations of CON- <br /> others; or TRACTOR under paragraph 6.20.A shall not extend to <br /> the liability of ENGINEER and ENGINEER'S <br /> 8. any correction of defective Work by Consultants or to the officers, directors, partners, <br /> OWNER. employees, agents, and other consultants and <br /> subcontractors of each and any of them arising out of: <br /> 6.20 Indemnification <br /> 1 . the preparation or approval of, or the <br /> A. To the fullest extent permitted by Laws and failure to prepare or approve, maps, Drawings, <br /> Regulations, CONTRACTOR shall indemnify and hold opinions, reports, surveys, Change Orders, <br /> harmless OWNER , ENGINEER, ENGINEER's designs, or Specifications; or <br /> Consultants, and the officers, directors, partners, <br /> employees, agents, and other consultants and 20 giving directions or instructions, or <br /> subcontractors of each and any of them from and failing to give them , if that is the , primary <br /> cause <br /> against all claims, costs, losses, and damages of the injury or damage. <br /> (including but not limited to all fees and charges of <br /> engineers, architects, attorneys, and other <br /> professionals and all court or arbitration or other ARTICLE 7 - OTHER WORK <br /> dispute resolution costs) arising out of or relating to <br /> the performance of the Work, provided that any such <br /> claim, cost, loss, or damage: 7 . 01 Related Work at Site <br /> 1 . is attributable to bodily injury, A. OWNER may perform other work related to <br /> sickness, disease, or death , or to injury to or the Project at the Site by OWNER's employees, or let <br /> destruction of tangible property (other than the other direct contracts therefor, or have other work <br /> 00700 - General Conditions REV 04-07.doc <br /> 00700 - 25 <br /> FAIDublic Works\ENGINEERING DIVISION PROJECTS10545=667h Ave SR60 to 57th St (Arcadis)1AdmimtBid Documentst00700 - General Conditions REV 04-07.doc <br /> I <br />