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disputes or disagreements, except as permitted by 6.20 Indemnification <br /> paragraph 15 04 or as OWNER and CONTRACTOR j <br /> may otherwise agree in writing. A. To the fullest extent permitted by Laws and <br /> Regulations, CONTRACTOR shall indemnify and hold <br /> 6.19 CONTRACTOR's General Warranty and harmless OWNER, ENGINEER, ENGINEER's <br /> Guarantee Consultants, and the officers, directors, partners, <br /> employees, agents, and other consultants and <br /> A. CONTRACTOR warrants and guarantees to subcontractors of each and any of them from and <br /> OWNER, ENGINEER, and ENGINEER's Consultants against all claims, costs, losses, and damages <br /> that all Work will be in accordance with the Contract (including but not limited to all fees and charges of <br /> Documents and will not be defective. engineers, architects, attorneys, and other <br /> CONTRACTOR's warranty and guarantee hereunder professionals and all court or arbitration or other <br /> excludes defects or damage caused by: dispute resolution costs) arising out of or relating to <br /> the performance of the Work, provided that any such <br /> 1. abuse, modification, or improper claim, cost, loss, or damage: <br /> maintenance or operation by persons other <br /> than CONTRACTOR, Subcontractors, 1. is attributable to bodily injury, <br /> Suppliers, or any other individual or entity for sickness, disease, or death, or to injury to or <br /> whom CONTRACTOR is responsible; or destruction of tangible property (other than the <br /> Work itself), including the loss of use resulting <br /> 2. normal wear and tear under normal therefrom, and <br /> usage. , <br /> 2. is caused in whole or in part by any <br /> B. CONTRACTOR's obligation to perform and negligent act or omission of CONTRACTOR, <br /> complete the Work in accordance with the Contract any Subcontractor, any Supplier, or any <br /> Documents shall be absolute. None of the following individual or entity directly or indirectly <br /> will constitute an acceptance of Work that is not in employed by any of them to perform any of the <br /> accordance with the Contract Documents or a release Work or anyone for whose acts any of them <br /> of CONTRACTOR's obligation to perform the Work in may be liable, regardless of whether or not <br /> accordance with the Contract Documents: caused in part by any negligence or omission of <br /> an individual or entity indemnified hereunder or <br /> 1. observations by ENGINEER; whether liability is imposed upon such indemni- <br /> fied party by Laws and Regulations regardless <br /> 2. recommendation by ENGINEER or of the negligence of any such individual or <br /> payment by OWNER of any progress or final entity. <br /> payment; <br /> B. In any and all claims against OWNER or <br /> 3. the issuance of a certificate of Sub- ENGINEER or any of their respective consultants, <br /> stantial Completion by ENGINEER or any agents, officers, directors, partners, or employees by <br /> payment related thereto by OWNER; any employee (or the survivor or personal <br /> representative of such employee) of CONTRACTOR, <br /> 4. use or occupancy of the Work or any any Subcontractor, any Supplier, or any individual or <br /> part thereof by OWNER; entity directly or indirectly employed by any of them to <br /> perform any of the Work, or anyone for whose acts <br /> 5. any acceptance by OWNER or any any of them may be liable, the indemnification <br /> failure to do so; obligation under paragraph 6.20.A shall not be limited <br /> in any way by.any limitation on the amount or type of <br /> 6. any review and approval of a Shop damages, compensation, or benefits payable by or for <br /> Drawing or Sample submittal or the issuance of CONTRACTOR or any such Subcontractor, Supplier, <br /> a notice of acceptability by ENGINEER; or other individual or entity under workers' compen- <br /> sation acts, disability benefit acts, or other employee <br /> 7. any inspection, test, or approval by benefit acts. <br /> others;or <br /> C The indemnification obligations of CON- <br /> 8. any correction of defective Work by TRACTOR under paragraph 6.20.A shall not extend to <br /> OWNER. the liability of ENGINEER and ENGINEER's <br /> Consultants or to the officers, directors, partners, <br /> 00700-General Conditions REV 5-10-13 <br /> 00700-26 <br /> FAPublic Works1ENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WeshAdmimUd documentsWaster Contract Documents\00700- <br /> General Conditions REV 5-10-13.doc <br /> i <br />