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review and approval of a separate item as such <br />will not indicate approval of the assembly in <br />which the item functions. <br />3. ENGINEER's review and approval of <br />Shop Drawings or Samples shall not relieve <br />CONTRACTOR from responsibility for any <br />variation from the requirements of the Contract <br />Documents unless CONTRACTOR has in <br />writing called ENGINEER's attention to each <br />such variation at the time of each submittal as <br />required by paragraph 6.17.D.3 and ENGI- <br />NEER has given written approval of each such <br />variation by specific written notation thereof <br />incorporated in or accompanying the Shop <br />Drawing or Sample approval; nor will any <br />approval by ENGINEER relieve CON- <br />TRACTOR from responsibility for complying <br />with the requirements of paragraph 6.17.D.1. <br />F. Resubmittal Procedures <br />1. CONTRACTOR shall make correc- <br />tions required by ENGINEER and shall return <br />the required number of corrected copies of Shop <br />Drawings and submit as required new Samples <br />for review and approval. CONTRACTOR shall <br />direct specific attention in writing to revisions <br />other than the corrections called for by ENGI- <br />NEER on previous submittals. <br />6.18 Continuing the Work <br />A. CONTRACTOR shall carry on the Work and <br />adhere to the progress schedule during all disputes or <br />disagreements with OWNER. No Work shall be <br />delayed or postponed pending resolution of any <br />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 than <br />CONTRACTOR, Subcontractors, Suppliers, or <br />any other individual or entity for whom <br />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 the <br />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 />General Conditions - 00700 - 20 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th St to 69th SM-Admin\Bid Documents\Master Contract Documents\DIV 0_4_Condifions of the <br />Contract.docx <br />