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harmless OWNER, ENGINEER, ENGINEER's
<br />Consultants, and the officers, directors, partners,
<br />employees, agents, and other consultants and
<br />subcontractors of each and any of them from and
<br />against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to
<br />the performance of the Work, provided that any such
<br />claim, cost, loss, or damage:
<br />1. is attributable to bodily injury,
<br />sickness, disease, or death, or to injury to or
<br />destruction of tangible property (other than the
<br />Work itself), including the loss of use resulting
<br />therefrom; and
<br />2. is caused in whole or in part by any
<br />negligent act or omission of CONTRACTOR,
<br />any Subcontractor, any Supplier, or any
<br />individual or entity directly or indirectly
<br />employed by any of them to perform any of the
<br />Work or anyone for whose acts any of them
<br />may be liable, regardless of whether or not
<br />caused in part by any negligence or omission of
<br />an 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
<br />any of them may be liable, the indemnification
<br />obligation under paragraph 6.20.A shall not be limited
<br />in any way by any limitation on the amount or type of
<br />damages, compensation, or benefits payable by or for
<br />CONTRACTOR or any such Subcontractor, Supplier,
<br />or other individual or entity under workers' compen-
<br />sation acts, disability benefit acts, or other employee
<br />benefit acts.
<br />C. The indemnification obligations of CON-
<br />TRACTOR under paragraph 6.20.A shall not extend to
<br />the liability of ENGINEER and ENGINEER's
<br />Consultants or to the officers, directors, partners,
<br />employees, agents, and other consultants and
<br />subcontractors of 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
<br />should be allowed as a result of such other
<br />work, a Claim may be made therefor as
<br />provided in 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,
<br />fitting, and patching of the Work that may be required
<br />to properly connect or otherwise make its several
<br />parts come together and properly integrate with such
<br />other work. CONTRACTOR shall not endanger any
<br />work of others by cutting, excavating, or otherwise
<br />altering their work and will only cut or alter their work
<br />with the written consent of ENGINEER and the others
<br />whose work will be affected. The duties and
<br />responsibilities of CONTRACTOR under this
<br />paragraph are for the benefit of such utility owners and
<br />other contractors to the extent that there are
<br />comparable provisions for the benefit of
<br />CONTRACTOR in said direct contracts between
<br />OWNER and such utility owners and other
<br />contractors.
<br />00700 - General Conditions REV 540-13
<br />00700 - 26
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