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disputes or disagreements, except as permitted by
<br />paragraph 15.04 or as OWNER and CONTRACTOR
<br />may otherwise agree in writing.
<br />6.19 CONTRACTOR's General Warranty and
<br />Guarantee
<br />A. CONTRACTOR warrants and guarantees to
<br />OWNER, ENGINEER, and ENGINEER's Consultants
<br />that all Work will be in accordance with the Contract
<br />Documents and will not be defective.
<br />CONTRACTOR's warranty and guarantee hereunder
<br />excludes defects or damage caused by:
<br />1. abuse, modification, or improper
<br />maintenance or operation by persons other
<br />than CONTRACTOR, Subcontractors,
<br />Suppliers, or any other individual or entity for
<br />whom CONTRACTOR is responsible; or
<br />2. normal wear and tear under normal
<br />usage.
<br />B. CONTRACTOR's obligation to perform and
<br />complete the Work in accordance with the Contract
<br />Documents shall be absolute. None of the following
<br />will constitute an acceptance of Work that is not in
<br />accordance with the Contract Documents or a release
<br />of CONTRACTOR's obligation to perform the Work in
<br />accordance with the Contract Documents:
<br />observations by ENGINEER;
<br />2. recommendation by ENGINEER or
<br />payment by OWNER of any progress or final
<br />payment;
<br />3. the issuance of a certificate of Sub-
<br />stantial Completion by ENGINEER or any
<br />payment related thereto by OWNER;
<br />4. use or occupancy of the Work or any
<br />part thereof by OWNER;
<br />5. any acceptance by OWNER or any
<br />failure to do so;
<br />6. any review and approval of a Shop
<br />Drawing. or Sample submittal or the issuance of
<br />a notice of acceptability by ENGINEER;
<br />7. any inspection, test, or approval by
<br />others; or
<br />8. any correction of defective Work by
<br />OWNER.
<br />6.20 Indemnification
<br />A. To the fullest extent permitted by Laws and
<br />Regulations, CONTRACTOR shall indemnify and hold
<br />harmless OWNER, ENGINEER, ENGINEER's
<br />Consultants, and the officers, directors, partners,
<br />employees, agents, and other consultants and
<br />subcontractors of each and any of them from and
<br />against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<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
<br />the performance of the Work, provided that any such,
<br />claim, cost, loss, or damage:
<br />1. is attributable to bodily injury,
<br />sickness, disease, or death, or to injury to or
<br />destruction of tangible property (other than the
<br />Work itself), including the loss of use resulting
<br />therefrom; and
<br />2. is caused in whole or in part by any
<br />negligent act or omission of CONTRACTOR,
<br />any Subcontractor, any Supplier, or any
<br />individual or entity directly or indirectly
<br />employed by any of them to perform any of the
<br />Work or anyone for whose acts any of them
<br />may be liable, regardless of whether or not
<br />caused in part by any negligence or omission of
<br />an individual or entity indemnified hereunder or
<br />whether liability is imposed upon such indemni-
<br />fied party by Laws and Regulations regardless
<br />of the negligence of any such individual or
<br />entity.
<br />B. In any and all claims against OWNER or
<br />ENGINEER or any of their respective consultants,
<br />agents, officers, directors, partners, or employees by
<br />any employee (or the survivor or personal
<br />representative of such employee) of CONTRACTOR,
<br />any Subcontractor, any Supplier, or any individual or
<br />entity directly or indirectly employed by any of them to
<br />perform any of the Work, or anyone for whose acts
<br />any of them may be liable, the indemnification
<br />obligation under paragraph 6.20.A shall not be limited
<br />in any way by any limitation on the amount or type of
<br />damages, compensation, or benefits payable by or for
<br />CONTRACTOR or any such Subcontractor, Supplier,
<br />or other individual or entity under workers' compen-
<br />sation acts, disability benefit acts, or other employee
<br />benefit acts.
<br />C. The indemnification obligations of CON-
<br />TRACTOR under paragraph 6.20.A shall not extend to
<br />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 PROJECTS11643 27th Avenue at 21st Street SW Intersection_Signalization Improvements\1-Admin\Bid DocuinentsWaster Contract
<br />Documentsl00700 - General Conditions REV 5-10-13.doc
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