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performing or furnishing any of the Work to commu- (including but not limited to all fees and charges of
<br /> nicate with ENGINEER through CONTRACTOR, engineers, architects, attorneys, and other
<br /> professionals and all court or arbitration or other
<br /> F. The divisions and sections of the Specifica- dispute resolution costs) arising out of or relating to
<br /> tions and the identifications of any Drawings shall not any infringement of patent rights or copyrights incident
<br /> control CONTRACTOR in dividing the Work among to the use in the performance of the Work or resulting
<br /> Subcontractors or Suppliers or delineating the Work to from the incorporation in the Work of any invention,
<br /> be performed by any specific trade. design, process, product, or device not specified in the
<br /> Contract Documents.
<br /> G. All Work performed for CONTRACTOR by a
<br /> Subcontractor or Supplier will be pursuant to an 6.08 Permits
<br /> appropriate agreement between CONTRACTOR and
<br /> the Subcontractor or Supplier which specifically binds A. Unless otherwise provided in the Supple-
<br /> the Subcontractor or Supplier to the applicable terms mentary Conditions, CONTRACTOR shall obtain and
<br /> and conditions of the Contract Documents for the pay for all construction pen-nits and licenses. OWNER
<br /> benefit of OWNER and ENGINEER. Whenever any shall assist CONTRACTOR, when necessary, in
<br /> such agreement is with a Subcontractor or Supplier obtaining such permits and licenses. CONTRACTOR
<br /> who is listed as an additional insured on the property shall pay all governmental charges and inspection
<br /> insurance provided in paragraph 5.06, the agreement 1 fees necessary for the prosecution of the Work which
<br /> between the CONTRACTOR and the Subcontractor are applicable at the time of opening of Bids, or, if
<br /> or Supplier will contain provisions whereby the there are no Bids, on the Effective Date of the
<br /> Subcontractor or Supplier waives all rights against Agreement. CONTRACTOR shall pay all charges of
<br /> OWNER, CONTRACTOR, ENGINEER, ENGINEER's utility owners for connections to the Work, and
<br /> Consultants, and all other individuals or entities OWNER shall pay all charges of such utility owners
<br /> identified in the Supplementary Conditions to be listed for capital costs related thereto, such as plant
<br /> as insureds or additional insureds (and the officers, investment fees.
<br /> directors, partners, employees, agents, and other
<br /> consultants and subcontractors of each and any of 609 Laws and Regulations
<br /> them) for all losses and damages caused by, arising
<br /> out of, relating to, or resulting from any of the perils or A. CONTRACTOR shall give all notices and
<br /> causes of loss covered by such policies and any other comply with all Laws and Regulations applicable to the
<br /> property insurance applicable to the Work. If the performance of the Work. Except where otherwise
<br /> insurers on any such policies require separate waiver expressly required by applicable Laws and
<br /> forms to be signed by any Subcontractor or Supplier, Regulations, neither OWNER nor ENGINEER shall be
<br /> CONTRACTOR will obtain the same. responsible for monitoring CONTRACTOR's compli-
<br /> ance with any Laws or Regulations.
<br /> 6.07 Patent Fees and Royalties
<br /> B. If CONTRACTOR performs any Work know-
<br /> A. CONTRACTOR shall pay all license fees and ing or having reason to know that it is contrary to Laws
<br /> royalties and assume all costs incident to the use in or Regulations, CONTRACTOR shall bear all claims,
<br /> the performance of the Work or the incorporation in costs, losses, and damages (including but not limited
<br /> the Work of any invention, design, process, product, to all fees and charges of engineers, architects,
<br /> or device which is the subject of patent rights or attorneys, and other professionals and all court or
<br /> copyrights held by others. If a particular invention, arbitration or other dispute resolution costs) arising out
<br /> design, process, product, or device is specified in the of or relating to such Work; however, it shall not be
<br /> Contract Documents for use in the performance of the CONTRACTOR's primary responsibility to make
<br /> Work and if to the actual knowledge of OWNER or certain that the Specifications and Drawings are in
<br /> ENGINEER its use is subject to patent rights or accordance with Laws and Regulations, but this shall
<br /> copyrights calling for the payment of any license fee or not relieve CONTRACTOR of CONTRACTOR's
<br /> royalty to others, the existence of such rights shall be obligations under paragraph 3.03.
<br /> disclosed by OWNER in the Contract Documents. To
<br /> the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at
<br /> CONTRACTOR shall indemnify and hold harmless the time of opening of Bids (or, on the Effective Date
<br /> OWNER, ENGINEER, ENGINEER's Consultants, and of the Agreement if there were no Bids) having an
<br /> the officers, directors, partners, employees or agents, effect on the cost or time of performance of the Work
<br /> and other consultants of each and any of them from may be the subject of an adjustment in Contract Price
<br /> and against all claims, costs, losses, and damages or Contract Times. If OWNER and CONTRACTOR
<br /> 00700-General Conditions REV 5-10-13
<br /> 00700-22
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contrail Documents\00700-
<br /> General Conditions REV 5-10-13.doc
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