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Ate <br />40 <br />11 <br />0 <br />6,34 Where a Shop Drawing or sample is required by the Specifications, any related Work <br />performed prior to ENGINEER's review of the pertinent submission will be the sole <br />expense and responsibility of CONTRACTOR. <br />Continuing the Work: <br />6.35 CONTRACTOR shall carry on the Worts and adhere to the progress schedule during all <br />disputes or disagreements with OWNER. No Work shall be delayed or postponed pending <br />resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as <br />CONTRACTOR and OWNER may otherwise agree in writing. <br />Indemnification: <br />6.36 The CONTRACTOR shall hold harmless, indemnify and defend the OWNER, the <br />OWNER's Representative, the ENGINEER, and their consultants, and each of their <br />officers, employees and agents harmless from all costs, losses, expenses, damages, <br />attorneys' fees, and other costs, including all costs of defense, which any of them may <br />incur with respect to the failure, neglect, or refusal of CONTRACTOR to faithfully perforin <br />the work and all of the CONTRACTOR's obligations under the contract. Such costs, <br />expenses, and damages shall include all cost incurred by the OWNER, the OWNER's <br />Representative, the ENGINEER, and their consultants to defend against any claims, stop <br />notices, or lawsuits based thereon in which any of them is made a party. <br />6.38 In any and all claims against OWNER or ENGINEER or any of their consultants, agents <br />or employees by any employee of CONTRACTOR, any Subcontractor, any person or <br />organization directly or indirectly employed by any of them to perform or furnish any of the <br />Work or any one for whose acts an;, of thein may be Iiabie, the indemnification obligation <br />under paragraphs 6.36 and 6.37 shall riot be limited in any way by any limitation on the <br />amount or type of damages, compensation or benefits payable by or for CONTRACTOR <br />or any such Subcontractor or other person or organization under worker's or workmen's <br />compensation acts, disability benefit acts or other employee benefit acts. <br />6.39 The obligations of CONTRACTOR under paragraphs 6.36 and 6.37 shall not extend to the <br />liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the <br />preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, <br />designs or specifications. <br />Interpretation of Contract Documents: <br />6.401 It is the duty of the CONTRACTOR to notify the ENGINEER, in writing, in the event <br />of any doubt cr question as to the true meaning of any provision in the Contract <br />,D.ocur cnty Thu ENGi IFUMI's dccisio.n fhbrnnn ClInil hcx final. Annnfnfoel <br />dimensions on drawings shall govern and work not dimensioned shall be as <br />clarified by the ENGINEER. Work not particularly shown or specified shall be the <br />same as similar parts that are shown or specified. Materials of wor'T described in <br />words which have a well-known technical or trade meaning shall be deemed to refer <br />to such recognized standard. <br />6.40.2 The CONTRACTOR shall verify all dimensions, quantities, Locations, materials and <br />details shown on the Plans, Supplementary Drawings, schedules or other data <br />received from the Architect or Engineer, and shall notify him of all errors, amiss o—s, <br />conflicts and discrepancies found therein. Failure to discover or correct errors, <br />conflicts or discrepancies shall not relive the CONTRACTOR of full responsibility <br />for unsatisfactory work, faulty construction, or improper operation resulting <br />GENERAL CONDITIONS <br />