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F . Resubmittal Procedures 4 , use or occupancy of the Work or any <br /> part thereof by OWNER ; <br /> 1 . CONTRACTOR shall make correc- <br /> tions required by ENGINEER and shall return 5 , any acceptance by OWNER or any <br /> the required number of corrected copies of failure to do so; <br /> Shop Drawings and submit as required new <br /> Samples for review and approval . CON - 6 . any review and approval of a Shop <br /> TRACTOR shall direct specific attention in Drawing or Sample submittal or the issuance of <br /> writing to revisions other than the corrections a notice of acceptability by ENGINEER ; <br /> called for by ENGINEER on previous <br /> submittals. 7 , any inspection , test, or approval by <br /> others ; or <br /> 6 . 18 Continuing the Work <br /> 8d any correction of defective Work by <br /> A. CONTRACTOR shall cant' on the Work and OWNER . <br /> adhere to the progress schedule during all disputes or <br /> disagreements with OWNER . No Work shall be 6 . 20 Indemnification <br /> delayed or postponed pending resolution of any <br /> disputes or disagreements, except as permitted by A. To the fullest extent permitted by Laws <br /> and <br /> paragraph 15 . 04 or as OWNER and CONTRACTOR Regulations , CONTRACTOR shall indemnify and hold <br /> may otherwise agree in writing . harmless OWNER , ENGINEER , ENGINEER's <br /> Consultants, and the officers , directors, partners, <br /> 6 . 19 CONTRACTOR's General Warranty and employees, agents, and other consultants and <br /> Guarantee subcontractors of each and any of them from and <br /> against all claims, costs , losses, and damages <br /> A. CONTRACTOR warrants and guarantees to ( including but not limited to all fees and charges <br /> of <br /> OWNER, ENGINEER , and ENGINEER's Consultants engineers , architects, attorneys, and other <br /> that all Work will be in accordance with the Contract professionals and all court or arbitration or other <br /> Documents and will not be defective . dispute resolution costs) arising out of or relating <br /> to <br /> CONTRACTOR's warranty and guarantee hereunder the performance of the Work, provided that any such <br /> excludes defects or damage caused by: claim , cost, loss , or damage: <br /> 1 , abuse, modification , or improper 1 , is attributable to bodily injury, <br /> maintenance or operation by persons other sickness, disease, or death , or to injury to or <br /> than CONTRACTOR , Subcontractors, destruction of tangible property (other than the <br /> 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 /> 2 , normal wear and tear under normal 29 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 /> B . 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 <br />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 indemni- <br /> fied party by Laws and Regulations regardless <br /> 16 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 B . 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 /> 30 any employee (or the survivor or personal <br /> sta;antal c,,mplet0on by ENGINEER an., representative of such employee) of CONTRACTOR , <br /> any Subcontractor, any Supplier, or any individual or <br /> entity directly or indirectly employed by any of them to <br /> 00700 - General Conditions REV 510-13 <br /> 00700 - 25 <br /> F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1336-Gifford Senior BallfieldWdmin\bid documents\MasterContract\Contract Documents\00700 - General Conditions REV 510- <br /> 13.doc <br />