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the CONTRACTOR and the Subcontractor or Supplier will B. If CONTRACTOR performs any Work knowing or
<br /> contain provisions whereby the Subcontractor or Supplier having reason to know that it is contrary to Laws or Regulations,
<br /> waives all rights against OWNER, CONTRACTOR, ENGI- CONTRACTOR shall bear all claims, costs, lasses, and
<br /> NEER, ENGINEER's Consultants, and all other individuals or damages (including but not limited to all fees and charges of
<br /> entities identified in the Supplementary Conditions to be listed engineers, architects, attorneys, and other professionals and all
<br /> as insureds or additional insureds (and the officers, directors, court or arbitration or other dispute resolution costs) arising out
<br /> partners, employees, agents, and other consultants and of or relating to such Work; however, it shall not be
<br /> subcontractors of each and any of them) for all losses and CONTRACTOR's primary responsibility to make certain that the
<br /> damages caused by, arising out of, relating to, or resulting from Specifications and Drawings are in accordance with Laws and
<br /> any of the perils or causes of loss covered by such policies and Regulations, but this shall not relieve CONTRACTOR of
<br /> any other property insurance applicable to the Work. If the CONTRACTOR's obligations under paragraph 3 .03.
<br /> insurers on any such policies require separate waiver forms to
<br /> be signed by any Subcontractor or Supplier, CONTRACTOR C. Changes in Laws or Regulations not known at the
<br /> will obtain the same. time of opening of Bids (or, on the Effective Date of the
<br /> Agreement if there were no Bids) having an effect on the cost or
<br /> 6.07 Patent Fees and Royalties time of performance of the Work may be the subject of an
<br /> adjustment in Contract Price or Contract Times. If OWNER and
<br /> A. CONTRACTOR shall pay all license fees and CONTRACTOR are unable to agree on entitlement to or on the
<br /> royalties and assume all costs incident to the use in the amount or extent, if any, of any such adjustment, a Claim may
<br /> performance of the Work or the incorporation in the Work of any be made therefore as provided in paragraph 10.05 .
<br /> invention, design, process, product, or device which is the
<br /> subject of patent rights or copyrights held by others. If a 6 . 10 Taxes
<br /> particular invention, design, process, product, or device is
<br /> specified in the Contract Documents for use in the performance A. CONTRACTOR shall pay all sales, consumer, use,
<br /> of the Work and if to the actual knowledge of OWNER or and other similar taxes required to be paid by CONTRACTOR
<br /> ENGINEER its use is subject to patent rights or copyrights in accordance with the Laws and Regulations of the place of the
<br /> calling for the payment of any license fee or royalty to others, Project which are applicable during the performance of the
<br /> the existence of such rights shall be disclosed by OWNER in Work.
<br /> the Contract Documents. To the fullest extent permitted by
<br /> Laws and Regulations, CONTRACTOR shall indemnify and 6. 11 Use of Site and Other Areas
<br /> hold harmless OWNER, ENGINEER, ENGINEER's
<br /> Consultants, and the officers, directors, partners, employees or A. Limitation on Use of Site and Other Areas
<br /> agents, and other consultants of each and any of them from and
<br /> against all claims, costs, losses, and damages (including but not 1 .CONTRACTOR shall confine construction equip-
<br /> limited to all fees and charges of engineers, architects, ment, the storage of materials and equipment, and the
<br /> attorneys, and other professionals and all court or arbitration or operations of workers to the Site and other areas
<br /> other dispute resolution costs) arising out of or relating to any permitted by Laws and Regulations, and shall not
<br /> infringement of patent rights or copyrights incident to the use in unreasonably encumber the Site and other areas with
<br /> the performance of the Work or resulting from the incorporation construction equipment or other materials or equipment.
<br /> in the Work of any invention, design, process, product, or device CONTRACTOR shall assume full responsibility for any
<br /> not specified in the Contract Documents. damage to any such land or area, or to the owner or
<br /> occupant thereof, or of any adjacent land or areas
<br /> 6.08 Permits resulting from the performance of the Work.
<br /> A. Unless otherwise provided in the Supplementary 2.Should any claim be made by any such owner or
<br /> Conditions, CONTRACTOR shall obtain and pay for all occupant because of the performance of the Work,
<br /> construction permits and licenses. OWNER shall assist CONTRACTOR shall promptly settle with such other
<br /> CONTRACTOR, when necessary, in obtaining such permits party by negotiation or otherwise resolve the claim by
<br /> and licenses. CONTRACTOR shall pay all governmental arbitration or other dispute resolution proceeding or at
<br /> charges and inspection fees necessary for the prosecution of law.
<br /> the Work which are applicable at the time of opening of Bids, or,
<br /> if there are no Bids, on the Effective Date of the Agreement. 3.To the fullest extent permitted by Laws and
<br /> CONTRACTOR shall pay all charges of utility owners for Regulations, CONTRACTOR shall indemnify and hold
<br /> connections to the Work, and OWNER shall pay all charges of harmless OWNER, ENGINEER, ENGINEER's
<br /> such utility owners for capital costs related thereto, such as Consultant, and the officers, directors, partners,
<br /> plant investment fees. employees, agents, and other consultants of each and
<br /> any of them from and against all claims, costs, losses,
<br /> 6.09 Laws and Regulations and damages (including but not limited to all fees and
<br /> charges of engineers, architects, attorneys, and other
<br /> A. CONTRACTOR shall give all notices and comply with professionals and all court or arbitration or other dispute
<br /> all Laws and Regulations applicable to the performance of the resolution costs) arising out of or relating to any claim or
<br /> Work. Except where otherwise expressly required by applicable action, legal or equitable, brought by any such owner or
<br /> Laws and Regulations, neither OWNER nor ENGINEER shall occupant against OWNER, ENGINEER, or any other
<br /> be responsible for monitoring CONTRACTOR's compliance party indemnified hereunder to the extent caused by or
<br /> with any Laws or Regulations. based upon CONTRACTOR's performance of the
<br /> Work.
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