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required to employ any Subcontractor, Supplier, or
<br />other individual or entity to fumish 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 fumishing any of the Work to commu-
<br />nicate with ENGINEER through CONTRACTOR.
<br />F. The divisions and sections of th- Specifica-
<br />tions and the identifications of any Drawi gs shall not
<br />control CONTRACTOR in dividing the ork among
<br />Subcontractors or Suppliers or delineating the Work to
<br />be performed by any specific trade.
<br />G. All Work performed for CONT
<br />Subcontractor or Supplier will be pur-
<br />appropriate agreement between CONT
<br />the Subcontractor or Supplier which spec
<br />the Subcontractor or Supplier to the appl
<br />and conditions of the Contract Docum
<br />benefit of OWNER and ENGINEER. W
<br />such agreement is with a Subcontractor
<br />who is listed as an additional insured on
<br />insurance provided in paragraph 5.06, th
<br />between the CONTRACTOR and the S
<br />or Supplier will contain provisions
<br />Subcontractor or Supplier waives all ri
<br />OWNER, CONTRACTOR, ENGINEER,
<br />Consultants, and all other individuals
<br />identified in the Supplementary Condition
<br />as insureds or additional insureds (and
<br />directors, partners, employees, agents,
<br />consultants and subcontractors of each
<br />them) for all losses and damages cause
<br />out of, relating to, or resulting from any of
<br />causes of loss covered by such policies a
<br />property insurance applicable to the
<br />insurers on any such policies require se
<br />forms to be signed by any Subcontracto
<br />CONTRACTOR will obtain the same.
<br />6.07 Patent Fees and Royalties
<br />•
<br />•
<br />A. CONTRACTOR shall pay all lice
<br />royalties and assume all costs incident t
<br />the performance of the Work or the in
<br />the Work of any invention, design, proc
<br />or device which is the subject of pat:
<br />copyrights held by others. If a particul
<br />design, process, product, or device is sp
<br />Contract Documents for use in the perfo
<br />Work and if to the actual knowledge of
<br />ENGINEER its use is subject to pat=
<br />copyrights calling for the payment of any I
<br />royalty to others, the existence of such ri
<br />disclosed by OWNER in the Contract Do
<br />the fullest extent permitted by Laws and
<br />CONTRACTOR shall indemnify and h•
<br />OWNER, ENGINEER, ENGINEER's Con
<br />the officers, directors, partners, employe:
<br />and other consultants of each and any
<br />and against all claims, costs, losses, a
<br />(including but not limited to all fees anc
<br />engineers, architects, attorneys,
<br />professionals and all court or arbitrati
<br />dispute resolution costs) arising out of
<br />any infringement of patent rights or copyri
<br />00700 - General Conditic
<br />00700 - 21
<br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents \00700 - General Conditions REV 5-10-
<br />13.doc
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