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2. shall anything in the Contract Documents create
<br />any 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 for scheduling
<br />and coordinating the Work of Subcontractors, Suppliers,
<br />and other individuals or entities performing or furnishing
<br />any of the Work under a direct or indirect contract with
<br />Contractor.
<br />E. Contractor shall require all Subcontractors, Suppliers,
<br />and such other individuals or entities performing or
<br />furnishing any of the Work to communicate with
<br />Engineer through Contractor.
<br />F. The divisions and sections of the Specifications and the
<br />identifications of any Drawings shall not control
<br />Contractor in dividing the Work among Subcontractors or
<br />Suppliers or delineating the Work to be performed by any
<br />specific trade.
<br />G. All Work performed for Contractor by a Subcontractor
<br />or Supplier will be pursuant to an appropriate agreement
<br />between Contractor and the Subcontractor or Supplier
<br />which specifically binds the Subcontractor or Supplier to
<br />the applicable terms and conditions of the Contract
<br />Documents for the benefit of Owner and Engineer.
<br />Whenever any such agreement is with a Subcontractor or
<br />Supplier who is listed as an additional insured on the
<br />property insurance provided in Paragraph 5.06, the
<br />agreement 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, and Engineer„ and all other
<br />individuals or entities identified in the Supplementary
<br />Conditions to be listed as insureds or additional insureds
<br />(and the officers, directors, partners, employees, agents,
<br />consultants and subcontractors of each and any of them)
<br />for all losses and damages caused by, arising out of,
<br />relating to, or resulting from any of the perils or causes of
<br />loss covered by such policies and any other property
<br />insurance applicable to the Work. If the insurers on any
<br />such policies require separate waiver forms to be signed
<br />by any Subcontractor or Supplier, Contractor will obtain
<br />the same.
<br />6.07 Patent Fees and Royalties
<br />A. Contractor shall pay all license fees and royalties and
<br />assume all costs incident to the use in the performance of
<br />the Work or the incorporation in the Work of any
<br />invention, design, process, product, or device which is the
<br />subject of patent rights or copyrights held by others. If a
<br />particular invention, design, process, product, or device is
<br />specified in the Contract Documents for use in the
<br />performance of the Work and if to the actual knowledge
<br />of Owner or 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.
<br />B. To the fullest extent permitted by Laws and Regula-
<br />tions, Contractor shall indemnify and hold harmless
<br />Owner and Engineer, and the officers, directors, partners,
<br />employees, agents, consultants and subcontractors of each
<br />and any of them from and against all claims, costs, losses,
<br />and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to any infringe-
<br />ment of patent rights or copyrights incident to the use in
<br />the performance of the Work or resulting from the
<br />incorporation in the Work of any invention, design,
<br />process, product, or device not specified in the Contract
<br />Documents.
<br />6.08 Permits
<br />A. Unless otherwise provided in the Supplementary
<br />Conditions, Contractor shall obtain and pay for all
<br />construction permits and licenses. Owner shall assist
<br />Contractor, when necessary, in obtaining such permits
<br />and licenses. Contractor shall pay all governmental
<br />charges and inspection fees necessary for the prosecution
<br />of the Work which are applicable at the time of opening
<br />of Bids, or, if there are no Bids, on the Effective Date of
<br />the Agreement. Owner shall pay all charges of utility
<br />owners for connections for providing permanent service
<br />to the Work.
<br />6.09 Laws and Regulations
<br />A. Contractor shall give all notices required by and shall
<br />comply with all Laws and Regulations applicable to the
<br />performance of the Work. Except where otherwise
<br />expressly required by applicable Laws and Regulations,
<br />neither Owner nor Engineer shall be responsible for
<br />monitoring Contractor's compliance with any Laws or
<br />Regulations.
<br />B. If Contractor performs any Work knowing or having
<br />reason to know that it is contrary to Laws or Regulations,
<br />Contractor shall bear all claims, costs, losses, and
<br />damages (including but not limited to all fees and charges
<br />of engineers, architects, attorneys, and other professionals
<br />and all court or arbitration or other dispute resolution
<br />costs) arising out of or relating to such Work. However, it
<br />shall not be Contractor's primary responsibility to make
<br />certain that the Specifications and Drawings are in
<br />accordance with Laws and Regulations, but this shall not
<br />relieve Contractor of Contractor's obligations under
<br />Paragraph 3.03.
<br />C. Changes in Laws or Regulations not known at the time
<br />of opening of Bids (or, on the Effective Date of the
<br />Agreement if there were no Bids) having an effect on the
<br />cost or time of performance of the Work shall be the
<br />subject of an adjustment in Contract Price or Contract
<br />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
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