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D. CONTRACTOR shall be solely responsible <br />for scheduling and coordinating the Work of Subcon- <br />tractors, Suppliers, and other individuals or entities <br />performing or furnishing any of the Work under a <br />direct or indirect contract with CONTRACTOR. <br />E. CONTRACTOR shall require all Subcontrac- <br />tors, Suppliers, and such other individuals or entities <br />performing or furnishing any of the Work to commu- <br />nicate with ENGINEER through CONTRACTOR. <br />F. The divisions and sections of the Specifica- <br />tions and the identifications of any Drawings shall not <br />control CONTRACTOR in dividing the Work among <br />Subcontractors or Suppliers or delineating the Work to <br />be performed by any specific trade. <br />G. All Work performed for CONTRACTOR by a <br />Subcontractor or Supplier will be pursuant to an <br />appropriate agreement between CONTRACTOR and <br />the Subcontractor or Supplier which specifically binds <br />the Subcontractor or Supplier to the applicable terms <br />and conditions of the Contract Documents for the <br />benefit of OWNER and ENGINEER. Whenever any <br />such agreement is with a Subcontractor or Supplier <br />who is listed as an additional insured on the property <br />insurance provided in paragraph 5.06, the agreement <br />between the CONTRACTOR and the Subcontractor <br />or Supplier will contain provisions whereby the <br />Subcontractor or Supplier waives all rights against <br />OWNER, CONTRACTOR, ENGINEER, ENGINEER's <br />Consultants, and all other individuals or entities <br />identified in the Supplementary Conditions to be listed <br />as insureds or additional insureds (and the officers, <br />directors, partners, employees, agents, and other <br />consultants and subcontractors of each and any of <br />them) for all losses and damages caused by, arising <br />out of, relating to, or resulting from any of the perils or <br />causes of loss covered by such policies and any other <br />property insurance applicable to the Work. If the <br />insurers on any such policies require separate waiver <br />forms to be signed by any Subcontractor or Supplier, <br />CONTRACTOR will obtain the same. <br />6.07 Patent Fees and Royalties <br />A. CONTRACTOR shall pay all license fees and <br />royalties and assume all costs incident to the use in <br />the performance of the Work or the incorporation in <br />the Work of any invention, design, process, product, <br />or device which is the subject of patent rights or <br />copyrights held by others. If a particular invention, <br />design, process, product, or device is specified in the <br />Contract Documents for use in the performance of the <br />Work and if to the actual knowledge of OWNER or <br />ENGINEER its use is subject to patent rights or <br />copyrights calling for the payment of any license fee or <br />royalty to others, the existence of such rights shall be <br />disclosed by OWNER in the Contract Documents. To <br />the fullest extent permitted by Laws and Regulations, <br />CONTRACTOR shall indemnify and hold harmless <br />OWNER, ENGINEER, ENGINEER's Consultants, and <br />the officers, directors, partners, employees or agents, <br />and other consultants of each and any of them from <br />and 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 />any infringement of patent rights or copyrights incident <br />to the use in the performance of the Work or resulting <br />from the incorporation in the Work of any invention, <br />design, process, product, or device not specified in the <br />Contract Documents. <br />6.08 Permits <br />A. Unless otherwise provided in the Supple- <br />mentary Conditions, CONTRACTOR shall obtain and <br />pay for all construction permits and licenses. OWNER <br />shall assist CONTRACTOR, when necessary, in <br />obtaining such permits and licenses. CONTRACTOR <br />shall pay all governmental charges and inspection <br />fees necessary for the prosecution of the Work which <br />are applicable at the time of opening of Bids, or, if <br />there are no Bids, on the Effective Date of the <br />Agreement. CONTRACTOR shall pay all charges of <br />utility owners for connections to the Work, and <br />OWNER shall pay all charges of such utility owners <br />for capital costs related thereto, such as plant <br />investment fees. <br />6.09 Laws and Regulations <br />A. CONTRACTOR shall give all notices and <br />comply with all Laws and Regulations applicable to the <br />performance of the Work. Except where otherwise <br />expressly required by applicable Laws and <br />Regulations, neither OWNER nor ENGINEER shall be <br />responsible for monitoring CONTRACTOR's compli- <br />ance with any Laws or Regulations. <br />B. If CONTRACTOR performs any Work know- <br />ing or having reason to know that it is contrary to Laws <br />or Regulations, CONTRACTOR shall bear all claims, <br />costs, losses, and damages (including but not limited <br />to all fees and charges of engineers, architects, <br />attorneys, and other professionals and all court or <br />arbitration or other dispute resolution costs) arising out <br />of or relating to such Work; however, it shall not be <br />CONTRACTOR's primary responsibility to make <br />certain that the Specifications and Drawings are in <br />accordance with Laws and Regulations, but this shall <br />not relieve CONTRACTOR of CONTRACTOR's <br />obligations under paragraph 3.03. <br />C. Changes in Laws or Regulations not known at <br />the time of opening of Bids (or, on the Effective Date <br />of the Agreement if there were no Bids) having an <br />effect on the cost or time of performance of the Work <br />00700 - General Conditions REV 5-10-13 <br />00700 - 21 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1506 -Gifford Neighborhood 45th St BeautificationWdmin\bid documents\Master Contract Documents\00700 - General Conditions <br />REV 5-10-13.doc <br />