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F. Resubmittal Procedures 4. use or occupancy of the Work or any part thereof by OWNER; 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return 5. any acceptance by OWNER or any the required number of corrected copies of failure to do so; Shop Drawings and submit as required new Samples for review and approval. CON- 6. any review and approval of a Shop TRACTOR shall direct specific attention in Drawing or Sample submittal or the issuance of writing to revisions other than the corrections a notice of acceptability by ENGINEER; called for by ENGINEER on previous submittals. 7. any inspection, test, or approval by others; or 6.18 Continuing the Work 8. any correction of defective Work by A. CONTRACTOR shall carry on the Work and OWNER. adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be 6.20 Indemnification delayed or postponed pending resolution of any disputes or disagreements, except as permitted by A. To the fullest extent permitted by Laws and paragraph 15.04 or as OWNER and CONTRACTOR Regulations, CONTRACTOR shall indemnify and hold may otherwise agree in writing. harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, 6.19 CONTRACTOR's General Warranty and employees, agents, and other consultants and Guarantee subcontractors of each and any of them from and against all claims, costs, losses, and damages A. CONTRACTOR warrants and guarantees to (including but not limited to all fees and charges of OWNER, ENGINEER, and ENGINEER's Consultants engineers, architects, attorneys, and other that all Work will be in accordance with the Contract professionals and all court or arbitration or other Documents and will not be defective. dispute resolution costs) arising out of or relating to CONTRACTOR's warranty and guarantee hereunder the performance of the Work, provided that any such excludes defects or damage caused by: claim, cost, loss, or damage: 1. abuse, modification, or improper 1. is attributable to bodily injury, maintenance or operation by persons other sickness, disease, or death, or to injury to or than CONTRACTOR, Subcontractors, destruction of tangible property (other than the Suppliers, or any other individual or entity for Work itself), including the loss of use resulting whom CONTRACTOR is responsible; or therefrom; and 2. normal wear and tear under normal 2. is caused in whole or in part by any usage. negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any B. CONTRACTOR's obligation to perform and individual or entity directly or indirectly complete the Work in accordance with the Contract employed by any of them to perform any of the Documents shall be absolute. None of the following Work or anyone for whose acts any of them will constitute an acceptance of Work that is not in may be liable, regardless of whether or not accordance with the Contract Documents or a release caused in part by any negligence or omission of of CONTRACTOR's obligation to perform the Work in an individual or entity indemnified hereunder or accordance with the Contract Documents: whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless 1. observations by ENGINEER; of the negligence of any such individual or entity. 2. recommendation by ENGINEER or payment by OWNER of any progress or final B. In any and all claims against OWNER or payment; ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by 3. the issuance of a certificate of Sub- any employee (or the survivor or personal stantial Completion by ENGINEER or any representative of such employee) of CONTRACTOR, payment related thereto by OWNER; any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to 00700-General Conditions REV 04-07.doc 00700-25 FAPublic Works\ENGINEERING DIVISION PROJECTS\1210-Sandridge Driving Range Tee Renovation\Admim\bid documents\00700-General Conditions REV 04-07.doc