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Ml <br />C> <br />CI <br />Documents unless CONTRACTOR has in writing calicd EN. <br />GINEER'a auention to each such variuion at the time of <br />submission as required by par%Mph 6.3.3 and ENGINEER <br />has ,given written approval of each such vaAatiort by specific <br />wntten notation thereof incoq-,rated in or accompanying the <br />Shop Drawing or Sample approval. nor will any approval by <br />ENGINEER relieve CONTRACTOR from respotvsUity for <br />comply'mg with the requirerrrents of paralrraph 6-15.1. <br />6.1$. Where a Shop Drawing or Samptc is required by the <br />Contract Documents or the schedule of Shop Drawings and <br />Sample submissions accepted by ENGINEER as required by <br />pssraV aph 2.9. any related Work performed prior to ENGI- <br />NEER's rrvicw and approval of the perth=t subatitul will be <br />at the sole cxpensc and responsibility of CONTRACTOR. <br />conriruunr the Work-- <br />Q9. <br />ork: <br />6'9. CONTRACTOR shall carry on the Work and adhere <br />to the progteis schedule during all disputers or disagreernenu <br />with 0%VNER. No Work shill be delayed a postponed pend. <br />ing rmlution of any disputes or disagstcrrscnts. except as <br />permitted by paragraph 15.5 or as. OWNER and CONTRAC- <br />TOR may otherwise avTta in writing. <br />6.30. CONTRACMR's Lirncml ki'arxunry aril +Gumumte: <br />6.30.1. CONTRACTOR wanants and pasarantees to <br />OWNER. ENGINEER and ENGINEER's Coasttltirus that <br />all Work wilt be: in acronlanee with the Contract Documents <br />and will not be defevit e. CONTRACfiOR's warranty and <br />guarantct hereunderexdudes defects or dunagc catuscd by: <br />6.30.1.1.. abuse.madifsraticnoriinpropcarrruintenance <br />or operation by persons other than CONTRACTOR. ACTOR. Sub- <br />conu-aewts of Suppliers: or <br />6.30.1.2. normal wear and tear under normal usage. <br />4.30—' CONTRACTOR'sobligationtoperform and com- <br />pletc the Work in accordance with the Contras Documents <br />shall be absolute. None of the following viii constitute an <br />acceprattce of Work that is riot in accardxncc with the <br />Contract Documents or a micasc of CONTRACTOR's abli- <br />g: don to peTfanm the Work in accortianee with the Contact <br />Documents: <br />6.30.2.1. observations by ENGINEER: <br />6.301-3. r=rrurl xtdation of any prupess or final <br />payment by ENGINEER: <br />6.30.1-3. the issuancc of a certifuatc of Substan" <br />Completion or any payment by OWNER to CONTRAC- <br />TOR under the Conuact O7ocuments: <br />6.30.2.4. use or occupancy of the Work or any pan <br />thereof by OWNER: <br />6.34.' S, any acceptance by OWNER or any failure to <br />do so: <br />6.301 2.6. any review and approval ora Shop Drawing <br />or Sample submittal or the issuance a(& nouet of accept• <br />ability by ENGINEER pursuant to paragraph 144; <br />6.30-1.7. any inspriction. test prapproval by others: or <br />6.30.'.$. any correction ofdtTrcth•rWor'kbyOWNER. <br />1 nd e m rtlr`v=rian: <br />6.31. To the fullest extent pctsttitted by laws and Rcgul.- <br />tibns. CONTRACTOR :hall indemnify and hold harmless <br />OWNER. ENGINEER. ENGINEER's Consultants and the <br />officers. directors. errtplovees. agents and other consultants of <br />each and any of them from and agxinu all claims..:vats. irises <br />and dastrages tincluding but not limited to all fees and thwgrs <br />of erngineers. architects, attorneys and other professionals and <br />all court or arbitration orothcr dispute trsolution c osui caused <br />by. arising out of or resulting from the pcsfottranee of the <br />Work- provided that any such claim. oast. loss ordanxakte fit is <br />attributable to bodily ir�iury. sickness, disease or death: ar to <br />injury to or destruction of tangible ptroperty {other than the <br />Work itselfl. including the loss of use resulting therefrom. and <br />tial is caused in whole or in pan by any negligent act or <br />omission of CONTRACTDR any Subcontractor. any Supplier. <br />any person or organisation directly or indirectly employed by <br />any of them to perform or furnish any of the Work or anyone <br />for whose acts any of them may be liable. rcgardlcis of whether <br />or not caused in pan by any wEiii rca" or omission of a person <br />or entity indemnified hereunder or whcthtr 14btlity is imposed <br />upon tach indemnified party by Laws and Rcgutati= rcgyrd- <br />less of the ncghgence of any such person or cntit}. <br />6.31. In any and all claims alctinst OWNER or ENGI- <br />NEER or any of their rrspcciive consultants. agents. of ccm. <br />directors or employees by any cmpksree ter the survivor or <br />personal rcprescntaaive of inch employeei of CONTRACTOR. <br />any Subcontractor. any Supplier. any person or organtradon <br />directly or indirectly employed by any of them to perform or <br />furnish any of the Work. or anyone for whose acts arty of th n <br />nay be liable. etre indcmniCieadon obligation under paragraph <br />6.31 sh211 not be limited in any way by any limituian cn the <br />amount or type of damages, compensaciem or benefits payable <br />by or for CO3NTItA<`IC]R or any such Subcontractor: Supplier <br />or orltcr person or orpnira6on under workers' compensation <br />acts. disability benefit acts or other employee benefit acts. <br />6.33. The indcmniftcxtion obligations of CONTRACTOR, <br />under puagraph 6.31 shall not cxtcM to the liability of ENGI- <br />NEER and ENGINEER's Consultants. officer-_ directors.. <br />employees or agents Caused by the prvfusionA negligence. <br />errors or or. tasions of any of them. <br />Survirul of ObUgations: <br />6.34. All reprricntations.ittdemnifs(=tions. warranties and <br />guarintees made in. required by or Riven in arcc4dartcc with <br />001700-29 <br />