CONTRACTOR shall indemnify and hold harmless of the Agreement if there were no Bids) having an
<br /> OWNER, ENGINEER, ENGINEER's Consultants, and effect on the cost or time of performance of the Work
<br /> the officers, directors, partners, employees or agents, may be the subject of an adjustment in Contract Price
<br /> and other consultants of each and any of them from or Contract Times. If OWNER and CONTRACTOR
<br /> and against all claims, costs, losses, and damages are unable to agree on entitlement to or on the
<br /> (including but not limited to all fees and charges of amount or extent, if any, of any such adjustment, a
<br /> engineers, architects, attorneys, and other Claim may be made therefor as provided in paragraph
<br /> professionals and all court or arbitration or other 10.05.
<br /> dispute resolution costs) arising out of or relating to
<br /> any infringement of patent rights or copyrights incident 6.10 Taxes
<br /> to the use in the performance of the Work or resulting
<br /> from the incorporation in the Work of any invention, A. CONTRACTOR shall pay all sales, consum-
<br /> design, process, product, or device not specified in the er, use, and other similar taxes required to be
<br /> Contract Documents. paid by CONTRACTOR in accordance with
<br /> the Laws and Regulations of the place of the
<br /> 6.08 Permits Project which are applicable during the
<br /> performance of the Work.
<br /> A. Unless otherwise provided in the Supple-
<br /> mentary Conditions, CONTRACTOR shall obtain and B. OWNER qualifies for state and local sales tax
<br /> pay for all construction permits and licenses. OWNER exemption in the purchase of all material and
<br /> shall assist CONTRACTOR., when necessary, in equipment.
<br /> obtaining such permits and licenses. CONTRACTOR
<br /> shall pay all governmental charges and inspection 6.11 Use of Site and Other Areas
<br /> fees necessary for the prosecution of the Work which
<br /> are applicable at the time of opening of Bids, or, if A. Limitation on Use of Site and Other Areas
<br /> there are no Bids, on the Effective Date of the
<br /> Agreement. CONTRACTOR shall pay all charges of 1. CONTRACTOR shall confine
<br /> utility owners for connections to the Work, and construction equipment, the storage of
<br /> OWNER shall pay all charges of such utility owners materials and equipment, and the operations of
<br /> for capital costs related thereto, such as plant workers to the Site and other areas permitted
<br /> investment fees. by Laws and Regulations, and shall not
<br /> unreasonably encumber the Site and other
<br /> 6.09 Laws and Regulations areas with construction equipment or other
<br /> materials or equipment. CONTRACTOR shall
<br /> A. CONTRACTOR shall give all notices and assume full responsibility for any damage to
<br /> comply with all Laws and Regulations applicable to the any such land or area, or to the owner or
<br /> performance of the Work. Except where otherwise occupant thereof, or of any adjacent land or
<br /> expressly required by applicable Laws and areas resulting from the performance of the
<br /> Regulations, neither OWNER nor ENGINEER shall be Work.
<br /> responsible for monitoring CONTRACTOR's compli-
<br /> ance with any Laws or Regulations. 2. Should any claim be made by any
<br /> such owner or occupant because of the
<br /> B. If CONTRACTOR performs any Work know- performance of the Work, CONTRACTOR shall
<br /> ing or having reason to know that it is contrary to Laws promptly settle with such other party by
<br /> or Regulations, CONTRACTOR shall bear all claims, negotiation or otherwise resolve the claim by
<br /> costs, losses, and damages (including but not limited arbitration or other dispute resolution
<br /> to all fees and charges of engineers, architects, proceeding or at law.
<br /> attorneys, and other professionals and all court or
<br /> arbitration or other dispute resolution costs) arising out 3. To the fullest extent permitted by
<br /> of or relating to such Work; however, it shall not be Laws and Regulations, CONTRACTOR shall
<br /> CONTRACTOR's primary responsibility to make indemnify and hold harmless OWNER,
<br /> certain that the Specifications and Drawings are in ENGINEER, ENGINEER's Consultant, and the
<br /> accordance with Laws and Regulations, but this shall officers, directors, partners, employees, agents,
<br /> not relieve CONTRACTOR of CONTRACTOR's and other consultants of each and any of them
<br /> obligations under paragraph 3.03. from and against all claims, costs, losses, and
<br /> damages (including but not limited to all fees
<br /> C. Changes in Laws or Regulations not known at and charges of engineers, architects, attorneys,
<br /> the time of opening of Bids (or, on the Effective Date and other professionals and all court or
<br /> 00700-General Conditions REV 04-07.doc
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