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ENGINEER . ENGINEER's review and approval will be only to determine if the items 6 . 19 CONTRACTOR 's General Warranty and covered by the submittals will , after installation Guarantee or incorporation in the Work , conform to the i _ information given in the Contract Documents A. CONTRACTOR warrants and guarantees to and be compatible with the design concept of OWNER, ENGINEER, and ENGINEER's Consultants the completed Project as a functioning whole as that all Work will be in accordance with the Contract indicated by the Contract Documents . Documents and will not be defective . CONTRACTOR's warranty and guarantee hereunder 2 . ENGINEER's review and approval excludes defects or damage caused by: will not extend to means , methods , techniques , sequences , or procedures of construction 1 . abuse , modification , or improper (except where a particular means , method , maintenance or operation by persons other technique , sequence , or procedure of con- than CONTRACTOR, Subcontractors , struction is specifically and expressly called for Suppliers , or any other individual or entity for by the Contract Documents ) or to safety whom CONTRACTOR is responsible; or precautions or programs incident thereto . The review and approval of a separate item as such 2 . normal wear and tear under normal will not indicate approval of the assembly in usage . which the item functions . B . CONTRACTOR's obligation to perform and 3 . ENGINEER's review and approval of complete the Work in accordance with the Contract Shop Drawings or Samples shall not relieve Documents shall be absolute . None of the following CONTRACTOR from responsibility for any will constitute an acceptance of Work that is not in variation from the requirements of the Contract accordance with the Contract Documents or a release Documents unless CONTRACTOR has in of CONTRACTOR's obligation to perform the Work in writing called ENGINEER's attention to each accordance with the Contract Documents : such variation at the time of each submittal as required by paragraph 6 . 17 . D . 3 and ENGI - 1 . observations by ENGINEER; NEER has given written approval of each such variation by specific written notation thereof 2 . recommendation by ENGINEER or incorporated in or accompanying the Shop payment by OWNER of any progress or final Drawing or Sample approval ; nor will any payment; approval by ENGINEER relieve CON - TRACTOR from responsibility for complying 3 . the issuance of a certificate of Sub- with the requirements of paragraph 6 . 17 . D . 1 . stantial Completion by ENGINEER or any payment related thereto by OWNER; F . Resubmittal Procedures 4 . use or occupancy of the Work or any 1 . CONTRACTOR shall make correc- part thereof by OWNER; tions required by ENGINEER and shall return the required number of corrected copies of 5 . any acceptance by OWNER or any Shop Drawings and submit as required new failure to do so ; Samples for review and approval . CON- TRACTOR shall direct specific attention in 6 . any review and approval of a Shop writing to revisions other than the corrections Drawing or Sample submittal or the issuance of called for by ENGINEER on previous a notice of acceptability by ENGINEER; submittals . 7 . any inspection , test, or approval by 6 . 18 Continuing the Work others ; or A. CONTRACTOR shall carry on the Work and 8 . any correction of defective Work by adhere to the progress schedule during all disputes or OWNER. disagreements with OWNER . No Work shall be delayed or postponed pending resolution of any 6 . 20 Indemnification disputes or disagreements , except as permitted by paragraph 15 .04 or as OWNER and CONTRACTOR A. To the fullest extent permitted by Laws and may otherwise agree in writing . Regulations , CONTRACTOR shall indemnify and hold 00700 - General Conditions REV 04-07.doc 00700 - 25 FAEngineering\Capital Projects\0744 - 8th St Sidewalk from U .S . 1 to 6th Ave\0744 CONTRACT DOCUMENTS\00700 - General Conditions REV 04-07.doc