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part by any negligence or omission of an
<br />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 any
<br />of them may be liable, the indemnification obligation
<br />under paragraph 6.20.A shall not be limited in any way
<br />by any limitation on the amount or type of damages,
<br />compensation, or benefits payable by or for CON-
<br />TRACTOR or any such Subcontractor, Supplier, or
<br />other individual or entity under workers' compensation
<br />acts, disability benefit acts, or other employee benefit
<br />acts.
<br />C. The indemnification obligations of CONTRAC-
<br />TOR under paragraph 6.20.A shall not extend to the
<br />liability of ENGINEER and ENGINEER's Consultants
<br />or to the officers, directors, partners, employees,
<br />agents, and other consultants and subcontractors of
<br />each and any of them arising out of:
<br />1. the preparation or approval of, or the
<br />failure to prepare or approve, maps, Drawings,
<br />opinions, reports, surveys, Change Orders,
<br />designs, or Specifications; or
<br />2. giving directions or instructions, or
<br />failing to give them, if that is the primary cause
<br />of the injury or damage.
<br />ARTICLE 7 - OTHER WORK
<br />7.01 Related Work at Site
<br />A. OWNER may perform other work related to
<br />the Project at the Site by OWNER's employees, or let
<br />other direct contracts therefor, or have other work
<br />performed by utility owners. If such other work is not
<br />noted in the Contract Documents, then:
<br />1. written notice thereof will be given to
<br />CONTRACTOR prior to starting any such other
<br />work; and
<br />2. if OWNER and CONTRACTOR are
<br />unable to agree on entitlement to or on the
<br />amount or extent, if any, of any adjustment in
<br />the Contract Price or Contract Times that should
<br />be allowed as a result of such other work, a
<br />Claim may be made therefor as provided in
<br />paragraph 10.05.
<br />B. CONTRACTOR shall afford each other
<br />contractor who is a party to such a direct contract and
<br />each utility owner (and OWNER, if OWNER is per-
<br />forming the other work with OWNER's employees)
<br />proper and safe access to the Site and a reasonable
<br />opportunity for the introduction and storage of
<br />materials and equipment and the execution of such
<br />other work and shall properly coordinate the Work with
<br />theirs. Unless otherwise provided in the Contract
<br />Documents, CONTRACTOR shall do all cutting, fitting,
<br />and patching of the Work that may be required to
<br />properly connect or otherwise make its several parts
<br />come together and properly integrate with such other
<br />work. CONTRACTOR shall not endanger any work of
<br />others by cutting, excavating, or otherwise altering
<br />their work and will only cut or alter their work with the
<br />written consent of ENGINEER and the others whose
<br />work will be affected. The duties and responsibilities
<br />of CONTRACTOR under this paragraph are for the
<br />benefit of such utility owners and other contractors to
<br />the extent that there are comparable provisions for the
<br />benefit of CONTRACTOR in said direct contracts
<br />between OWNER and such utility owners and other
<br />contractors.
<br />C. If the proper execution or results of any part of
<br />CONTRACTOR's Work depends upon work per-
<br />formed by others under this Article 7, CONTRACTOR
<br />shall inspect such other work and promptly report to
<br />ENGINEER in writing any delays, defects, or deficien-
<br />cies in such other work that render it unavailable or
<br />unsuitable for the proper execution and results of
<br />CONTRACTOR's Work. CONTRACTOR's failure to
<br />so report will constitute an acceptance of such other
<br />work as fit and proper for integration with
<br />CONTRACTOR's Work except for latent defects and
<br />deficiencies in such other work.
<br />7.02 Coordination
<br />A. If OWNER intends to contract with others for
<br />the performance of other work on the Project at the
<br />Site, the following will be set forth in Supplementary
<br />Conditions:
<br />1. the individual or entity who will have
<br />authority and responsibility for coordination of
<br />the activities among the various contractors will
<br />be identified;
<br />2. the specific matters to be covered by
<br />such authority and responsibility will be
<br />itemized; and
<br />3. the extent of such authority and
<br />responsibilities will be provided.
<br />General Conditions - 00700 - 21
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