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ENGINEER . ENGINEER ' s review and <br /> approval will be only to determine if the items 6 . 19 CONTRACTOR 's General Warranty and <br /> covered by the submittals will , after installation Guarantee <br /> or incorporation in the Work , conform to the <br /> information given in the Contract Documents A . CONTRACTOR warrants and guarantees to <br /> and be compatible with the design concept of OWNER , ENGINEER , and ENGINEER ' s Consultants <br /> the completed Project as a functioning whole as that all Work will be in accordance with the Contract <br /> indicated by the Contract Documents . Documents and will not be defective . <br /> CONTRACTOR ' s warranty and guarantee hereunder <br /> 2 . ENGINEER 's review and approval excludes defects or damage caused by : <br /> will not extend to means , methods , techniques , <br /> sequences , or procedures of construction 1 . abuse , modification , or improper <br /> (except where a particular means , method , maintenance or operation by persons other <br /> technique , sequence , or procedure of con - than CONTRACTOR , Subcontractors , <br /> struction is specifically and expressly called for Suppliers , or any other individual or entity <br />for <br /> by the Contract Documents ) or to safety whom CONTRACTOR is responsible ; or <br /> precautions or programs incident thereto . The <br /> review and approval of a separate item as such 2 , normal wear and tear under normal <br /> will not indicate approval of the assembly in usage , <br /> which the item functions . <br /> B . CONTRACTOR ' s obligation to perform and <br /> 3 . ENGINEER' s review and approval of complete the Work in accordance with the Contract <br /> Shop Drawings or Samples shall not relieve Documents shall be absolute . None of the following <br /> CONTRACTOR from responsibility for any will constitute an acceptance of Work that is not in <br /> variation from the requirements of the Contract accordance with the Contract Documents or a release <br /> Documents unless CONTRACTOR has in of CONTRACTOR ' s obligation to perform the Work in <br /> writing called ENGINEER ' s attention to each accordance with the Contract Documents : <br /> such variation at the time of each submittal as <br /> required by paragraph 6 . 17 . D . 3 and ENGI - 1 . observations by ENGINEER , <br /> NEER has given written approval of each such <br /> variation by specific written notation thereof 2 . recommendation by ENGINEER or <br /> incorporated in or accompanying the Shop payment by OWNER of any progress or final <br /> Drawing or Sample approval ; nor will any payment; <br /> approval by ENGINEER relieve CON - <br /> TRACTOR from responsibility for complying 3 . the issuance of a certificate of Sub- <br /> with the requirements of paragraph 6 . 17 . D . 1 . stantial Completion by ENGINEER or any <br /> F . Resubmittal Procedures payment related thereto by OWNER ; <br /> 4 . use or occupancy of the Work or any <br /> 1 . CONTRACTOR shall make correc- part thereof by OWNER ; <br /> tions required by ENGINEER and shall return <br /> the required number of corrected copies of 5 , any acceptance by OWNER or any <br /> Shop Drawings and submit as required new failure to do so ; <br /> Samples for review and approval . CON - <br /> TRACTOR shall direct specific attention in 6 , any review and approval of a Shop <br /> writing to revisions other than the corrections Drawing or Sample submittal or the issuance of <br /> called for by ENGINEER on previous a notice of acceptability by ENGINEER , <br /> submittals . <br /> 7 , any inspection , test , or approval by <br /> 6 . 18 Continuing the Work others ; or <br /> A. CONTRACTOR shall carry on the Work and 8 . any correction of defective Work by <br /> adhere to the progress schedule during all disputes or OWNER . <br /> disagreements with OWNER . No Work shall be <br /> delayed or postponed pending resolution of any 6 . 20 Indemnification <br /> disputes or disagreements , except as permitted by <br /> paragraph 15 . 04 or as OWNER and CONTRACTOR A . To the fullest extent permitted by Laws and <br /> may otherwise agree in writing . Regulations , CONTRACTOR shall indemnify and hold <br /> 00700 - General Conditions REV 04-07. doc <br /> 00700 - 25 <br /> F1Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Vidmim\bid documents\00700 - General Conditions <br /> REV 04 -07 . doc <br />