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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 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 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 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 /> 2, 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.doe
<br /> 00700-25
<br /> FAPublic Works\E N G I N E E RI NG DIVISION PROJECTSI1210-Sandridge Driving Range Tee Re novationWmimlbid documentsl00700-General Conditions REV 04-07.doe
<br /> SmeadSoft Reprint Date:Monday,January 11,2016-09:22:09-OfficialDocuments:9069,Attachment Id 1,Page 92
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