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 />
|