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harmless OWNER, ENGINEER, ENGINEER's opinions, reports, surveys, Change Orders, <br /> Consultants, and the officers, directors, partners, designs, or Specifications; or <br /> employees, agents, and other consultants and <br /> subcontractors of each and any of them from and 2. giving directions or instructions, or <br /> against all claims, costs, losses, and damages failing to give them, if that is the primary cause <br /> (including but not limited to all fees and charges of of the injury or damage. <br /> engineers, architects, attorneys, and other <br /> professionals and all court or arbitration or other <br /> dispute resolution costs) arising out of or relating to ARTICLE 7-OTHER WORK <br /> the performance of the Work, provided that any such <br /> claim, cost, loss, or damage: <br /> 7.01 Related Work at Site <br /> 1. is attributable to bodily injury, <br /> sickness, disease, or death, or to injury to or A. OWNER may perform other work related to <br /> destruction of tangible property (other than the the Project at the Site by OWNER's employees, or let <br /> Work itself), including the loss of use resulting other direct contracts therefor, or have other work <br /> therefrom; and performed by utility owners. If such other work is not <br /> noted in the Contract Documents, then: <br /> 2. is caused in whole or in part by any <br /> negligent act or omission of CONTRACTOR, 1. written notice thereof will be given to <br /> any Subcontractor, any Supplier, or any CONTRACTOR prior to starting any such other <br /> individual or entity directly or indirectly work; and <br /> employed by any of them to perform any of the <br /> Work or anyone for whose acts any of them 2. if OWNER and CONTRACTOR are <br /> may be liable, regardless of whether or not unable to agree on entitlement to or on the <br /> caused in part by any negligence or omission of amount or extent, if any, of any adjustment in <br /> an individual or entity indemnified hereunder or the Contract Price or Contract Times that <br /> whether liability is imposed upon such indemni- should be allowed as a result of such other <br /> fied party by Laws and Regulations regardless work, a Claim may be made therefor as <br /> of the negligence of any such individual or provided in paragraph 10.05. <br /> entity. <br /> B. CONTRACTOR shall afford each other <br /> B. In any and all claims against OWNER or contractor who is a party to such a direct contract and <br /> ENGINEER or any of their respective consultants, each utility owner (and OWNER, if OWNER is per- <br /> agents, officers, directors, partners, or employees by forming the other work with OWNER's employees) <br /> any employee (or the survivor or personal proper and safe access to the Site and a reasonable <br /> representative of such employee) of CONTRACTOR, opportunity for the introduction and storage of <br /> any Subcontractor, any Supplier, or any individual or materials and equipment and the execution of such <br /> entity directly or indirectly employed by any of them to other work and shall properly coordinate the Work with <br /> perform any of the Work, or anyone for whose acts theirs. Unless otherwise provided in the Contract <br /> any of them may be liable, the indemnification Documents, CONTRACTOR shall do all cutting, <br /> obligation under paragraph 6.20.A shall not be limited fitting, and patching of the Work that may be required <br /> in any way by any limitation on the amount or type of to properly connect or otherwise make its several <br /> damages, compensation, or benefits payable by or for parts come together and properly integrate with such <br /> CONTRACTOR or any such Subcontractor, Supplier, other work. CONTRACTOR shall not endanger any <br /> or other individual or entity under workers' compen- work of others by cutting, excavating, or otherwise <br /> sation acts, disability benefit acts, or other employee altering their work and will only cut or alter their work <br /> benefit acts. with the written consent of ENGINEER and the others <br /> whose work will be affected. The duties and <br /> C. The indemnification obligations of CON- responsibilities of CONTRACTOR under this <br /> TRACTOR under paragraph 6.20.A shall not extend to paragraph are for the benefit of such utility owners and <br /> the liability of ENGINEER and ENGINEER's other contractors to the extent that there are <br /> Consultants or to the officers, directors, partners, comparable provisions for the benefit of <br /> employees, agents, and other consultants and CONTRACTOR in said direct contracts between <br /> subcontractors of each and any of them arising out of: OWNER and such utility owners and other <br /> contractors. <br /> 1. the preparation or approval of, or the <br /> failure to prepare or approve, maps, Drawings, <br /> 00700-General Conditions REV 04-07.doc <br /> 00700-26 <br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\Admim\bid documents\00700-General Conditions REV 04-07.doc <br />