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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 <br /> 00700-22 <br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\Admim\bid documenls\00700-General Conditions REV 04-07.doc <br />