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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 retum <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 guarante hereunder <br />excludes defects or damage caused by: <br />1. abuse, modification, o <br />maintenance or operation by pe <br />than CONTRACTOR, Su <br />Suppliers, or any other individual <br />whom CONTRACTOR is responsib <br />• <br />improper <br />sons other <br />contractors, <br />.r entity for <br />e; or <br />2. normal wear and tear u der normal <br />usage. <br />B. CONTRACTOR's obligation to • <br />complete the Work in accordance with t <br />Documents shall be absolute. None of t <br />will constitute an acceptance of Work <br />accordance with the Contract Documents <br />of CONTRACTOR's obligation to perform <br />accordance with the Contract Documents: <br />1. observations by ENGINE <br />erform and <br />e Contract <br />e following <br />at is not in <br />• r a release <br />the Work in <br />R; <br />2. recommendation by EN INEER or <br />payment by OWNER of any prog ess or final <br />payment <br />3. the issuance of a certifi • ate of Sub- <br />stantial Completion by ENGINE R or any <br />payment related thereto by OWNE , <br />4. use or occupancy of the ork or any <br />part thereof by OWNER; <br />5. any acceptance by OW ER or any <br />failure to do so; <br />6. any review and approve <br />Drawing or Sample submittal or th <br />a notice of acceptability by ENGIN <br />of a Shop <br />issuance of <br />ER; <br />7. any inspection, test, or approval by <br />others; or <br />8. any correction of defecti e Work by <br />OWNER. <br />6.20 Indemnification <br />A. To the fullest extent permitted • <br />Regulations, CONTRACTOR shall indem <br />harmless OWNER, ENGINEER, <br />Consultants, and the officers, directo <br />employees, agents, and other cons <br />subcontractors of each and any of the <br />against all claims, costs, losses, an <br />(including but not limited to all fees an <br />engineers, architects, attorneys, <br />professionals and all court or arbitrati <br />dispute resolution costs) arising out of <br />00700 - General Conditi <br />00700 - 25 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling 90th St to 94th St\Adminlbid documents\Master Contract Documents\00700 - General C.nditions REV 5-10- <br />13.doc <br />• <br />• <br />y Laws and <br />ify and hold <br />NGINEER's <br />, partners, <br />(tants and <br />from and <br />• <br />• damages <br />charges of <br />nd other <br />n or other <br />r relating to <br />REV 5-10-13.doc <br />