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ENGINEER. ENGINEER's review and <br />approval will be only to determine if the items <br />covered by the submittals will, after installation <br />or incorporation in the Work, conform to the <br />information given in the Contract Documents <br />and be compatible with the design concept of <br />the completed Project as a functioning whole as <br />indicated by the Contract. Documents. <br />2. ENGINEER's review and approval <br />will not extend to means, methods, techniques, <br />sequences, or procedures of construction <br />(except where a particular means, method, <br />technique, sequence, or procedure of con- <br />struction is specifically and expressly called for <br />by the Contract Documents) or to safety <br />precautions or programs incident thereto. The <br />review and approval of a separate item as such <br />will not indicate approval of the assembly in <br />which the item functions. <br />3. ENGINEER's review and approval of <br />Shop -Drawings or Samples shall not relieve <br />CONTRACTOR from responsibility for any <br />variation from the requirements of the Contract <br />Documents unless CONTRACTOR has in <br />writing called ENGINEER's attention to each <br />such variation at the time of each submittal as <br />required by paragraph 6.17.D.3 and ENGI- <br />NEER has given written approval of each such <br />variation by specific written notation thereof <br />incorporated in or accompanying the Shop <br />Drawing or Sample approval; nor will any <br />approval by ENGINEER relieve CON- <br />TRACTOR from responsibility for complying <br />with the requirements of paragraph 6.17.D.1. <br />F. Resubmittal Procedures <br />1. CONTRACTOR shall make correc- <br />tions required by ENGINEER and shall return <br />the required number of corrected copies of <br />Shop Drawings and submit as required new <br />Samples for review and approval. CON- <br />TRACTOR shall direct specific attention in <br />writing to revisions other than the corrections <br />called for by ENGINEER on previous <br />submittals. <br />6.18 Continuing the Work <br />A. CONTRACTOR shall carry on the Work and <br />adhere to the progress schedule during all disputes or <br />disagreements with OWNER. No Work shall be <br />delayed or postponed pending resolution of any <br />disputes or disagreements, except as permitted by <br />paragraph 15.04 or as OWNER and CONTRACTOR <br />may otherwise agree in writing. <br />6.19 CONTRACTOR's General Warranty and <br />Guarantee <br />A. CONTRACTOR warrants and guarantees to <br />OWNER, ENGINEER, and ENGINEER's Consultants <br />that all Work will be in accordance with the Contract <br />Documents and will not be defective. <br />CONTRACTOR's warranty and guarantee hereunder <br />excludes defects or damage caused by: <br />1. abuse, modification, or improper <br />maintenance or operation by persons other <br />than CONTRACTOR, Subcontractors, <br />Suppliers, or any other individual or entity for <br />whom CONTRACTOR is responsible; or <br />2. normal wear and tear under normal <br />usage. <br />B. CONTRACTOR's obligation to perform and <br />complete the Work in accordance with the Contract <br />Documents shall be absolute. None of the following <br />will constitute an acceptance of Work that is not in <br />accordance with the Contract Documents or a release <br />of CONTRACTOR's obligation to perform the Work in <br />accordance with the Contract Documents: <br />1. observations by ENGINEER; <br />2. recommendation by ENGINEER or <br />payment by OWNER of any progress or final <br />payment; <br />3. the issuance of a certificate of Sub- <br />stantial Completion by ENGINEER or any <br />payment related thereto by OWNER; <br />4. use or occupancy of the Work or any <br />part thereof by OWNER; <br />5. any acceptance by OWNER or any <br />failure to do so; <br />6. any review and approval of a Shop <br />Drawing or Sample submittal or the issuance of <br />a notice of acceptability by ENGINEER; <br />7. any inspection, test, or approval by <br />others; or <br />S. any correction of defective Work by <br />OWNER. <br />6.20 Indemnification <br />A. To the fullest extent permitted by Laws and <br />Regulations, CONTRACTOR shall indemnify and hold <br />00700 - General Conditions REV 04-07 <br />00700-25 <br />F:\Engineering\Capital Projects\0455 8th St SIDEWALK FROM 18th COURT TO OLD DIXIE\0455 CONTRACT DOCS & SPECS\00700 - General Conditions REV 04-07.doc <br />