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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 /> 8 , any correction of defective Work by <br /> A . CONTRACTOR shall carry 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 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 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 <br />resulting <br /> whom CONTRACTOR is responsible ; or therefrom ; and <br /> 2 . 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 /> 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 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 /> 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 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 /> 3 , the issuance of a certificate of Sub- any employee (or the survivor or 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 /> 00700 - General Conditions REV 04-07 .doc <br /> 00700 - 25 <br /> F :\Public WorKs\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc <br />