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i► <br />organizations, including those who are to furnish the principal items of material and equipment, with <br />a value in excess of $5,000.00. The list shall include the name and address of the Subcontractor, <br />person or organization and a description of the services, materials or equipment to be supplied. <br />6.10 OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection <br />thereto within ten (10) days of receipt of the list) of any such Subcontractor, Supplier or other person <br />or organization so identified may be revoked on the basis of reasonable objection after due <br />iinvestigation, in which case CONTRACTOR shall submit an acceptable substitute; the Contract <br />Price will be adjusted by the difference in the cost occasioned by such substitution and an <br />appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER <br />or ENGINEER or any such Subcontractor, Supplier or other person or organization shall constitute <br />a waiver of any right of OWNER or ENGINEER to reject dejecrive Work. <br />6.11 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions <br />of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any <br />of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is <br />responsible for CONTRACTOR's own acts ,and omissions. Nothing in the Contract Documents <br />shall create any contractual relationship between OWNER or ENGINEER and any such <br />Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part <br />of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such <br />Subcontractor, Supplier or other person or organization except as may otherwise be required by <br />Laws and Regulations. <br />6.12 The divisions and sections of the Specifications and the identifications of any Drawings shall not <br />control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the <br />Work to be performed by any specific trade. <br />6.13 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate <br />agreement between CONTRACTOR and the Subcontractor which specifically binds the <br />Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of <br />OWNER and ENGINEER. CONTRACTOR shall pay each Subcontractor a just share of any <br />insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant <br />to paragraphs 5.3. <br />Patent Fees and Royalties: <br />6.14 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in <br />the performance of the Work or the incorporation in the Work of any invention, design, process, <br />product or device which is the subject of patent rights or copyrights held by others. If a particular <br />invention, design, process, product or device is specified in the Contract Documents for use to the <br />performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is <br />subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, <br />the existence of such rights shall be disclosed by OWNER in the Contract Documents. <br />CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly <br />or indirectly employed by either of them from and against all claims, damages, losses and expenses <br />(including anomey's fees and court and arbitration costs) arising out of any infringement of patent <br />rights or copyrights incident to the use in the performance of the Work or resulting from tite <br />incorporation in the Work of any invention, design, process, product or device not specified in tite <br />Contract Documents, and shall defend ail such claims in connections with any alleged infringement <br />of such rights. <br />i Permits: <br />6.15 Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay <br />for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, <br />GENERAL CONDITIONS <br />t_ <br />ac - 13 <br />