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1999-049
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1999-049
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Last modified
7/12/2023 10:10:37 AM
Creation date
7/12/2023 9:54:22 AM
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Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
02/16/1999
Control Number
1999-049
Entity Name
Driveways Inc.
Subject
Cherrywood Estates Water Expansion Project# 98-05-DS
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4P <br />f3ocuments unless CONTRAMR has in 'writing called EN. <br />GINEER's attention to each such variation at the time of <br />submission as required by paragraph 6:5.3 and ENGINEER <br />has given written approval of aaeh sock variation by specific <br />wntIcn notation thereof incotysotated in a aecampanying the <br />Shop Drawing or Sample approval: nor will any approval by <br />ENGINEER relieve CONTRACMR from rcspanst'billty for <br />complying with the requirements of para{rraph 6.25, t. <br />6.28, Wherc a Slwp Drawing or Sample is rcrluirtd by the <br />Cont= Documents or the schedule of Shop Drawings and <br />Sample submissions accepted by ENGINEER as required b <br />paragraph ? 9. any related Work performed prior to ENGt- <br />N EER's res.iew and approval of the pertinent submittal will be <br />at the sole: expense and responsibility of CONTRACTOR, <br />iC'onwiLdne the 'Work' <br />6.]9. CONTRACTOR shall carry on the Work and adhere <br />to the progress schedule during all disputes or disagscemats <br />with OWNER. No Work shop be delayed or postponed pend- <br />ing resoiutwn of any dissxttcs or disagmerricnts. except as <br />permitted by paragraph 15.5 or as OWNER and CONTRAC- <br />TGR may otherwise agrtc in wtitinp. <br />630. CONTRACMR'49 Gesteral Warranty and Gt:' <br />6.30.5. CONTRACTOR warrants and guarantees to <br />OWNER. ENGINEERand ENGINEER'S Consultams that <br />WI Work wilt be in accortialtce with the Conuact Documents <br />and will not 'lie dejcvive. CONT AICTOR's warranty and <br />guarantee hereunder excludes defects or damage caused b)': <br />6.30.1.1. abuse.modificationorimpropermaintctiance <br />or operation by persons other than CONTRA:MIL. Sub- <br />cortuactnrs or Suppliers: or <br />6.30.1 nomial wear and tear under nonnad usages <br />6.30.2. C:ONCRACTOR'sobligation toperform and com- <br />plete the'Work in acw; dasx wii;- yew C solei"--e..i <br />shall be absoiute. None of the foliowing will constitute ter <br />accepumcc of Work that is not in ocean-9cc %yah the <br />Contrau:t Documents or a retease. of CONTRACf'OR's obli- <br />gation to perfocal. the Worst in accordance with the Contract <br />Documents: <br />6.30.2,1, observations by ENGINEER: <br />6,3q:t.3. rocon rnendition of any srtoiuS<. Of ficin <br />payment by ENGINEER: <br />6'30.n. he issuance of a certificate of Substantial <br />Compietiort or any payment by OWNER to CON'i'RAC- <br />TOR under the Contract Documents: <br />6.30.2.4. use or occupancy or the Wilk or any Pat, <br />c -f'")f by ()WN5 R: <br />6.34.:.5, any accepunce by OWNER or any faitutc to <br />do so'. <br />6.34.2.6. any review and approval of a shop Drawing <br />or Samnlc submittal ar the issuance ora notice ofaccept. <br />ability by ENGINEER pursuant to paragraph 1.1.13: <br />6.301-7. any inspection, test orapproval by others: or <br />6.30.2.8. any correctionofdrfecdveWork byOWNCR. <br />lndemnificAlion: <br />6.31. To she fullest extent permitted by LAWS" ReguL'a- <br />tions. CONTRACTOR shat) indemnify and hard harmless <br />OWNER. ENGINEER. ENGINEER's Consultants and the <br />officers. directors. employees. agents and other consultants of <br />each and any of them from and against all claims. costs- losses <br />and darnaees [including but Mit limited to all foes and elra[$cs <br />a cnginecrs. architects. attorneys and other professionais and <br />&II court orarbaratio n or other dispute resolution costal caused <br />by. arising out of or resulting from the perfomsanec of the <br />Work. provided thatany such claim, cost. loss ordamagc fit is <br />auritwmble to bodily injury. sickness. disease or death. -or to <br />inyuv to or destruction of tangible property (other than the <br />Work itsclrl. including the lass of use resulting thearfrom. and <br />Siir is caused in whole or in p= by any n4igent act 'Or <br />amiSSion afCON-Li ACTOR• &ny 5ubconiracto . anySupplicr. <br />any person or orpairation directly or indirectly employed by <br />any of thorn to perform or furnish any of the Work or anyone <br />for whose acts anv of Uietti may 'h - liable. rec:sdless of whether <br />or not caused in pan by any negligence or amissian of a person <br />or entity indemnified hereunder or whether liability is imposed <br />upon such indemnified patty by iawsattd Reguladarts regard- <br />less of the negligence of any such person or entity. <br />6.3'_. In any and all claims against OWNER or ENGI- <br />NEER or any of their respective caraultar fYh rtes' Off1cc s" <br />directors or craployees by any employee <br />or <br />personal representative of such c.nploycei of CONTRACTOR. <br />any Suhconuactor. any Supplies: any parson or osraniration <br />directly or indirectly employed by anY of them to perform or <br />fumish any of the Work. or anyone for whose acts any of them <br />may oc Rabic. the irwuniunati G .,rte "-'"d <br />6.31 shalt not be limited in any xray by any limitation an the <br />arnuunr or type of damages. compensation ar benefits Payable <br />by or for CONTRACTOR a any such S%tbcantractar. Supplice <br />or adicr person or or�aniration under workers' compensation <br />avis. disability benefit acts or other employee bcnefu acts. <br />6.33. The indemnification obligations Of r:ONTRACCOR, <br />under paragraph 6.31 shall not extend to the Iiability of ENGI- <br />NEER and FNGlN2CI" Consulwlts. affroers. direcscors. <br />cmployccx or agents rauscd by the professional neglig <br />errors or or.ussions or any of them. <br />Setr%.i.nt rt%O6rirur+ens; <br />6.34, All rePrCSCntaticns. indemnifications. wurantics and <br />Ftcauantccs made c:c. rc :;, ! by n+ given in ,cocdancc with <br />
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