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6.06 Concerning Subcontractors, Suppliers,
<br />and Others
<br />A. CONTRACTOR shall not employ any
<br />Subcontractor, Supplier, or other individual or entity
<br />(including those acceptable to OWNER as indicated in
<br />paragraph 6.06.B), whether initially or as a
<br />replacement, against whom OWNER may have
<br />reasonable objection. CONTRACTOR shall not be
<br />required to employ any Subcontractor, Supplier, or
<br />other individual or entity to furnish or perform any of
<br />the Work against whom CONTRACTOR has reason-
<br />able objection.
<br />B. If the Supplementary Conditions require the
<br />identity of certain Subcontractors, Suppliers, or other
<br />individuals or entities to be submitted to OWNER in
<br />advance for acceptance by OWNER by a specified
<br />date prior to the Effective Date of the Agreement, and
<br />if CONTRACTOR has submitted a list thereof in
<br />accordance with the Supplementary Conditions,
<br />OWNER's acceptance (either in writing or by failing to
<br />make written objection thereto by the date indicated
<br />for acceptance or objection in the Bidding Documents
<br />or the Contract Documents) of any such Subcon-
<br />tractor, Supplier, or other individual or entity so
<br />identified may be revoked on the basis of reasonable
<br />objection after due investigation. CONTRACTOR
<br />shall submit an acceptable replacement for the
<br />rejected Subcontractor, Supplier, or other individual or
<br />entity, and the Contract Price will be adjusted by the
<br />difference in the cost occasioned by such
<br />replacement, and an appropriate Change Order will be
<br />issued or Written Amendment signed. No acceptance
<br />by OWNER of any such 'Subcontractor, Supplier, or
<br />other individual or entity, whether initially or as a
<br />replacement, shall constitute a waiver of any right of
<br />OWNER or ENGINEER to reject defective Work.
<br />C. CONTRACTOR shall be fully responsible to
<br />OWNER and ENGINEER for all acts and omissions of
<br />the Subcontractors, Suppliers, and other individuals or
<br />entities performing or furnishing any of the Work just
<br />as CONTRACTOR is responsible for
<br />CONTRACTOR's own acts and omissions. Nothing in
<br />the Contract Documents shall create for the benefit of
<br />any such Subcontractor, Supplier, or other individual
<br />or entity any contractual relationship between OWNER
<br />or ENGINEER and. any such Subcontractor, Supplier
<br />or other individual or entity, nor shall it create any
<br />obligation on the part of OWNER or ENGINEER to
<br />pay or to see to the payment of any moneys due any
<br />such Subcontractor, Supplier, or other individual or
<br />entity except as may otherwise be required by Laws
<br />and Regulations.
<br />D. CONTRACTOR shall be solely responsible
<br />for scheduling and coordinating the Work of Subcon-
<br />tractors, Suppliers, and other individuals or entities
<br />performing or furnishing any of the Work under a
<br />direct or indirect contract with CONTRACTOR.
<br />E. CONTRACTOR shall require all Subcontrac-
<br />tors, Suppliers, and such .other individuals or entities
<br />performing or furnishing any of the Work to commu-
<br />nicate with ENGINEER through CONTRACTOR.
<br />F. The divisions and sections of the Specifica-
<br />tions and the identifications of any Drawings shall not
<br />control CONTRACTOR in dividing the Work among
<br />Subcontractors or Suppliers or delineating the Work to
<br />be performed by any specific trade.
<br />G. All Work performed for CONTRACTOR by a
<br />Subcontractor or Supplier will be pursuant to an
<br />appropriate agreement between CONTRACTOR and
<br />the Subcontractor or Supplier which specifically binds
<br />the Subcontractor or Supplier to the applicable terms
<br />and conditions of the Contract Documents for the
<br />benefit of OWNER and ENGINEER. Whenever any
<br />such agreement is with a Subcontractor or Supplier
<br />who is listed as an additional insured on the property
<br />insurance provided in paragraph 5.06, the agreement
<br />between the CONTRACTOR and the Subcontractor
<br />or Supplier will contain provisions whereby the
<br />Subcontractor or Supplier waives all rights against
<br />OWNER, CONTRACTOR, ENGINEER, ENGINEER's
<br />Consultants, and all other individuals or entities
<br />identified in the Supplementary Conditions to be listed
<br />as insureds or additional insureds (and the officers,
<br />directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of
<br />them) for all losses and damages caused by, arising
<br />out of, relating to, or resulting from any of the perils or
<br />causes of loss covered by such policies and any other
<br />property insurance applicable to the Work. If the
<br />insurers on any such policies require separate waiver
<br />forms to be signed by any Subcontractor or Supplier,
<br />CONTRACTOR will obtain the same.
<br />6.07 Patent Fees and Royalties
<br />A. CONTRACTOR shall pay all license fees and
<br />royalties and assume all costs incident to the use 'in
<br />the performance of the Work or the incorporation in
<br />the Work of any invention, design, process, product,
<br />or device which is the subject of patent rights or
<br />copyrights held by others. If a particular invention,
<br />design, process, product, or device is specified in the
<br />Contract Documents for use in the performance of the
<br />Work and if to the actual knowledge of OWNER or
<br />ENGINEER its use is subject to patent rights or
<br />copyrights calling for the payment of any license fee or
<br />royalty to others, the existence of such rights shall be
<br />disclosed by OWNER in the Contract Documents. To
<br />the fullest extent permitted by Laws and Regulations,
<br />00700 - General Conditions REV 04-07
<br />00700 - 21
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