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ENGINEER its use is subject to patent rights or
<br />copyrights calling for the payment of any license fee or
<br />royalty to others, the existence of such rights shall be
<br />disclosed by OWNER in the Contract Documents. To
<br />the fullest extent permitted by Laws and Regulations,
<br />CONTRACTOR shall indemnify and hold harmless
<br />OWNER, ENGINEER, ENGINEER's Consultants, and
<br />the officers, directors, partners, employees or agents,
<br />and other consultants of each and any of them from
<br />and 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 any
<br />infringement of patent rights or copyrights incident to
<br />the use in the performance of the Work or resulting
<br />from the incorporation in the Work of any invention,
<br />design, process, product, or device not specified in the
<br />Contract Documents.
<br />6.08 Permits
<br />A. Unless otherwise provided in the Supple-
<br />mentary Conditions, CONTRACTOR shall obtain and
<br />pay for all construction permits and licenses. OWNER
<br />shall assist CONTRACTOR, when necessary, in
<br />obtaining such permits and licenses. CONTRACTOR
<br />shall pay all governmental charges and inspection fees
<br />necessary for the prosecution of the Work which are
<br />applicable at the time of opening of Bids, or, if there are
<br />no Bids, on the Effective Date of the Agreement.
<br />CONTRACTOR shall pay all charges of utility owners
<br />for connections to the Work, and OWNER shall pay all
<br />charges of such utility owners for capital costs related
<br />thereto, such as plant investment fees.
<br />6.09 Laws and Regulations
<br />A. CONTRACTOR shall give all notices and
<br />comply with all Laws and Regulations applicable to the
<br />performance of the Work. Except where otherwise
<br />expressly required by applicable Laws and
<br />Regulations, neither OWNER nor ENGINEER shall be
<br />responsible for monitoring CONTRACTOR's compli-
<br />ance with any Laws or Regulations.
<br />B. If CONTRACTOR performs any Work know-
<br />ing or having reason to know that it is contrary to Laws
<br />or Regulations, CONTRACTOR shall bear all claims,
<br />costs, losses, and damages (including but not limited
<br />to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out
<br />of or relating to such Work; however, it shall not be
<br />CONTRACTOR's primary responsibility to make
<br />certain that the Specifications and Drawings are in
<br />accordance with Laws and Regulations, but this shall
<br />not relieve CONTRACTOR of CONTRACTOR's
<br />obligations under paragraph 3.03.
<br />C. Changes in Laws or Regulations not known at
<br />the time of opening of Bids (or, on the Effective Date of
<br />the Agreement if there were no Bids) having an effect
<br />on the cost or time of performance of the Work may be
<br />the subject of an adjustment in Contract Price or
<br />Contract Times. If OWNER and CONTRACTOR are
<br />unable to agree on entitlement to or on the amount or
<br />extent, if any, of any such adjustment, a Claim may be
<br />made therefor as provided in paragraph 10.05.
<br />6.10 Taxes
<br />A. CONTRACTOR shall pay all sales, consumer,
<br />use, and other similar taxes required to be
<br />paid by CONTRACTOR in accordance with
<br />the Laws and Regulations of the place of the
<br />Project which are applicable during the
<br />performance of the Work.
<br />B. OWNER qualifies for state and local sales tax
<br />exemption in the purchase of all material and
<br />equipment.
<br />6.11 Use of Site and Other Areas
<br />A. Limitation on Use of Site and Other Areas
<br />1. CONTRACTOR shall confine
<br />construction equipment, the storage of
<br />materials and equipment, and the operations of
<br />workers to the Site and other areas permitted by
<br />Laws and Regulations, and shall not
<br />unreasonably encumber the Site and other
<br />areas with construction equipment or other
<br />materials or equipment. CONTRACTOR shall
<br />assume full responsibility for any damage to any
<br />such land or area, or to the owner or occupant
<br />thereof, or of any adjacent land or areas
<br />resulting from the performance of the Work.
<br />2. Should any claim be made by any
<br />such owner or occupant because of the
<br />performance of the Work, CONTRACTOR shall
<br />promptly settle with such other party by
<br />negotiation or otherwise resolve the claim by
<br />arbitration or other dispute resolution
<br />proceeding or at law.
<br />3. To the fullest extent permitted by
<br />Laws and Regulations, CONTRACTOR shall
<br />indemnify and hold harmless OWNER,
<br />ENGINEER, ENGINEER's Consultant, and the
<br />officers, directors, partners, employees, agents,
<br />and other consultants of each and any of them
<br />from and against all claims, costs, losses, and
<br />damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys,
<br />and other professionals and all court or
<br />arbitration or other dispute resolution costs)
<br />arising out of or relating to any claim or action,
<br />legal or equitable, brought by any such owner or
<br />General Conditions - 00700 - 17
<br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505.66th Ave Widening_49th St to 69th St\1-Admin\13id Documents\Master Contract Docurnents\DIV O_4_Conditions of the
<br />Contract.docx
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