|
2 . shall anything in the Contract Documents create royalty to others , the existence of such rights shall be
<br /> any obligation on the part of Owner or Engineer to disclosed by Owner in the Contract Documents .
<br /> pay or to see to the payment of any moneys due any
<br /> such Subcontractor, Supplier, or other individual or B . To the fullest extent permitted by Laws and Regula-
<br /> entity except as may otherwise be required by Laws tions, Contractor shall indemnify and hold harmless
<br /> and Regulations . Owner and Engineer, and the officers , directors , partners,
<br /> employees, agents, consultants and subcontractors of each
<br /> D . Contractor shall be solely responsible for scheduling and any of them from and against all claims , costs, losses,
<br /> and coordinating the Work of Subcontractors , Suppliers, and damages ( including but not limited to all fees and
<br /> and other individuals or entities performing or furnishing charges of engineers, architects, attorneys , and other
<br /> any of the Work under a direct or indirect contract with professionals and all court or arbitration or other dispute
<br /> Contractor. resolution costs) arising out of or relating to any infringe-
<br /> ment of patent rights or copyrights incident to the use in
<br /> E . Contractor shall require all Subcontractors , Suppliers , the performance of the Work or resulting from the
<br /> and such other individuals or entities performing or incorporation in the Work of any invention , design ,
<br /> furnishing any of the Work to communicate with process, product , or device not specified in the Contract
<br /> Engineer through Contractor . Documents .
<br /> F . The divisions and sections of the Specifications and the 6 . 08 Permits
<br /> identifications of any Drawings shall not control
<br /> Contractor in dividing the Work among Subcontractors or A -L)n•less other-wigs pra�ided-in-the�Supplementa
<br /> Suppliers or delineating the Work to be performed by any Conditions, Contractor shall obtain and pay I
<br /> specific trade . construction permits and licenses . Owl all assist
<br /> Contractor, when necessary, in obta; ing such permits
<br /> G . All Work performed for Contractor by a Subcontractor and licenses. Contractor shag l pgy all governmental
<br /> or Supplier will be pursuant to an appropriate agreement charges and inspection eg necessary for the prosecution
<br /> between Contractor and the Subcontractor or Supplier of the Work which applicable at the time of opening
<br /> which specifically binds the Subcontractor or Supplier to of Bids , or, if there are no Bids , on the Effective Date of
<br /> the applicable terms and conditions of the Contract the Agree�t . Owner shall pay all charges of utility
<br /> Documents for the benefit of Owner and Engineer. ow ers �for connections for providing permanent service
<br /> Whenever any such agreement is with a Subcontractor or [> tt1WCosk .
<br /> Supplier who is listed as an additional insured on the
<br /> property insurance provided in Paragraph 5 . 06, the 6 . 09 Laws and Regulations
<br /> agreement between the Contractor and the Subcontractor
<br /> or Supplier will contain provisions whereby the A . Contractor shall give all notices required by and shall
<br /> Subcontractor or Supplier waives all rights against comply with all Laws and Regulations applicable to the
<br /> Owner, Contractor, and Engineer„ and all other performance of the Work . Except where otherwise
<br /> individuals or entities identified in the Supplementary expressly required by applicable Laws and Regulations,
<br /> Conditions to be listed as insureds or additional insureds neither Owner nor Engineer shall be responsible for
<br /> (and the officers, directors, partners , employees , agents, monitoring Contractor ' s compliance with any Laws or
<br /> consultants and subcontractors of each and any of them ) Regulations .
<br /> for all losses and damages caused by , arising out of,
<br /> relating to , or resulting from any of the perils or causes of B . if Contractor performs any Work knowing or having
<br /> loss covered by such policies and any other property reason to know that it is contrary to Laws or Regulations ,
<br /> insurance applicable to the Work . If the insurers on any Contractor shall bear all claims, costs , losses, and
<br /> such policies require separate waiver forms to be signed damages ( including but not limited to all fees and charges
<br /> by any Subcontractor or Supplier, Contractor will obtain of engineers, architects, attorneys, and other professionals
<br /> the same . and all court or arbitration or other dispute resolution
<br /> costs) arising out of or relating to such Work . However, it
<br /> 6 . 07 Patent Fees and Royalties shall not be Contractor ' s primary responsibility to make
<br /> certain that the Specifications and Drawings are in
<br /> A . Contractor shall pay all license fees and royalties and accordance with Laws and Regulations, but this shall not
<br /> assume all costs incident to the use in the performance of relieve Contractor of Contractor ' s obligations under
<br /> the Work or the incorporation in the Work of any Paragraph 3 . 03 .
<br /> invention , design , process, product, or device which is the
<br /> subject of patent rights or copyrights held by others . If a C . Changes in Laws or Regulations not known at the time
<br /> particular invention , design , process, product, or device is of opening of Bids (or, on the Effective Date of the
<br /> specified in the Contract Documents for use in the Agreement if there were no Bids) having an effect on the
<br /> performance of the Work and if to the actual knowledge; cost or time of performance of the Work shall be the
<br /> of Owner or Engineer its use is subject to patent rights or subject of an adjustment in Contract Price or Contract
<br /> copyrights calling for the payment of any license fee or Times . if Owner and Contractor are unable to agree on
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright © 2002 National Society of Professional Engineers for EJCDC . All rights reserved.
<br /> 00700 - 21
<br />
|