difference in the cost occasioned by such directors , partners , employees , agents , and other
<br /> replacement, and an appropriate Change Order will be consultants and subcontractors of each and any of
<br /> issued or Written Amendment signed . No acceptance them ) for all losses and damages caused by , arising
<br /> by OWNER of any such Subcontractor, Supplier, or out of, relating to , or resulting from any of the perils
<br /> or
<br /> other individual or entity , whether initially or as a causes of loss covered by such policies and any other
<br /> replacement, shall constitute a waiver of any right of property insurance applicable to the Work. If
<br /> the
<br /> OWNER or ENGINEER to reject defective Work , insurers on any such policies require separate waiver
<br /> forms to be signed by any Subcontractor or Supplier,
<br /> C . CONTRACTOR shall be fully responsible to CONTRACTOR will obtain the same .
<br /> OWNER and ENGINEER for all acts and omissions of
<br /> the Subcontractors , Suppliers , and other individuals or 6 . 07 Patent Fees and Royalties
<br /> entities performing or furnishing any of the Work just
<br /> as CONTRACTOR is responsible for A. CONTRACTOR shall pay all license fees and
<br /> CONTRACTOR's own acts and omissions . Nothing in royalties and assume all costs incident to the use in
<br /> the Contract Documents shall create for the benefit of the performance of the Work or the incorporation
<br />in
<br /> any such Subcontractor, Supplier, or other individual the Work of any invention , design , process , product,
<br /> or entity any contractual relationship between OWNER or device which is the subject of patent rights or
<br /> or ENGINEER and any such Subcontractor, Supplier copyrights held by others . If a particular invention
<br />,
<br /> or other individual or entity, nor shall it create any design , process , product, or device is specified
<br /> in the
<br /> obligation on the part of OWNER or ENGINEER to Contract Documents for use in the performance of the
<br /> pay or to see to the payment of any moneys due any Work and if to the actual knowledge of OWNER
<br /> or
<br /> such Subcontractor, Supplier, or other individual or ENGINEER its use is subject to patent rights or
<br /> entity except as may otherwise be required by Laws copyrights calling for the payment of any license fee or
<br /> and Regulations, royalty to others, the existence of such rights shall be
<br /> disclosed by OWNER in the Contract Documents. To
<br /> D . CONTRACTOR shall be solely responsible the fullest extent permitted by Laws and Regulations,
<br /> for scheduling and coordinating the Work of Subcon- CONTRACTOR shall indemnify and hold harmless
<br /> tractors , Suppliers, and other individuals or entities OWNER , ENGINEER , ENGINEER ' s Consultants, and
<br /> performing or furnishing any of the Work under a the officers , directors, partners , employees or agents
<br />,
<br /> direct or indirect contract with CONTRACTOR . and other consultants of each and any of them from
<br /> and against all claims , costs , losses , and damages
<br /> E . CONTRACTOR shall require all Subcontrac- ( including but not limited to all fees and charges
<br />of
<br /> tors, Suppliers , and such other individuals or entities engineers, architects , attorneys , and other
<br /> performing or furnishing any of the Work to commu - professionals and all court or arbitration or other
<br /> nicate with ENGINEER through CONTRACTOR , dispute resolution costs) arising out of or relating to
<br /> any infringement of patent rights or copyrights incident
<br /> F . The divisions and sections of the Specifica. to the use in the performance of the Work or resulting
<br /> tions and the identifications of any Drawings shall not from the incorporation in the Work of any invention
<br />,
<br /> control CONTRACTOR in dividing the Work among design , process , product, or device not specified in the
<br /> Subcontractors or Suppliers or delineating the Work to Contract Documents,
<br /> be performed by any specific trade .
<br /> 6 . 08 Permits
<br /> G . All Work performed for CONTRACTOR by a
<br /> Subcontractor or Supplier will be pursuant to an A. Unless otherwise provided in the Supple-
<br /> appropriate agreement between CONTRACTOR and mentary Conditions, CONTRACTOR shall obtain and
<br /> the Subcontractor or Supplier which specifically binds pay for all construction permits and licenses. OWNER
<br /> the Subcontractor or Supplier to the applicable terms shall assist CONTRACTOR , when necessary, in
<br /> and conditions of the Contract Documents for the obtaining such permits and licenses . CONTRACTOR
<br /> benefit of OWNER and ENGINEER . Whenever any shall pay all governmental charges and inspection
<br /> such agreement is with a Subcontractor or Supplier fees necessary for the prosecution of the Work which
<br /> who is listed as an additional insured on the property are applicable at the time of opening of
<br /> Bids , or, if
<br /> insurance provided in paragraph 5 . 06 , the agreement there are no Bids , on the Effective Date of the
<br /> between the CONTRACTOR and the Subcontractor Agreement. CONTRACTOR shall pay all charges of
<br /> or Supplier will contain provisions whereby the utility owners for connections to the Work, and
<br /> Subcontractor or Supplier waives all rights against OWNER shall pay all charges of such utility owners
<br /> OWNER , CONTRACTOR , ENGINEER , ENGINEER ' s for capital costs related thereto , such as plant
<br /> Consultants , and all other individuals or entities investment fees .
<br /> identified in the Supplementary Conditions to be listed
<br /> as insureds or additional insureds (and the officers ,
<br /> 00700 - General Conditions REV 5-10-13. doc
<br /> 00700 - 21
<br /> F'\Public Works\ENGINEERING DIVISION PROJECTS\1336-Gifford Senior Balltield\Hdmin\bid documents\MasterContract\Contract Documents\00700 General Conditions REV
<br />5-10-
<br /> 13.doc
<br />
|