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the CONTRACTOR and the Subcontractor or Supplier will
<br />contain provisions whereby the Subcontractor or Supplier
<br />waives all rights against OWNER, CONTRACTOR, ENGI-
<br />NEER, ENGINEER's Consultants, and all other individuals or
<br />entities identified in the Supplementary Conditions to be listed
<br />as insureds or additional insureds (and the officers, directors,
<br />partners, employees, agents, and other consultants and
<br />subcontractors of each and any of them) for all losses and
<br />damages caused by, arising out of, relating to, or resulting from
<br />any of the perils or causes of loss covered by such policies and
<br />any other property insurance applicable to the Work. If the
<br />insurers on any such policies require separate waiver forms to
<br />be signed by any Subcontractor or Supplier, CONTRACTOR
<br />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 the
<br />performance of the Work or the incorporation in the Work of any
<br />invention, design, process, product, or device which is the
<br />subject of patent rights or copyrights held by others. If a
<br />particular invention, design, process, product, or device is
<br />specified in the Contract Documents for use in the performance
<br />of the Work and if to the actual knowledge of OWNER or
<br />ENGINEER its use is subject to patent rights or copyrights
<br />calling for the payment of any license fee or royalty to others,
<br />the existence of such rights shall be disclosed by OWNER in
<br />the Contract Documents. To the fullest extent permitted by
<br />Laws and Regulations, CONTRACTOR shall indemnify and
<br />hold harmless OWNER, ENGINEER, ENGINEER's
<br />Consultants, and the officers, directors, partners, employees or
<br />agents, and other consultants of each and any of them from and
<br />against all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or relating to any
<br />infringement of patent rights or copyrights incident to the use in
<br />the performance of the Work or resulfing from the incorporation
<br />in the Work of any invention, design, process, product, or device
<br />not specified in the Contract Documents.
<br />6.06 Permits
<br />A. Unless otherwise provided in the Supplementary
<br />Conditions, CONTRACTOR shall obtain and pay for all
<br />construction permits and licenses. OWNER shall assist
<br />CONTRACTOR, when necessary, in obtaining such permits
<br />and licenses. CONTRACTOR shall pay all governmental
<br />charges and inspection fees necessary for the prosecution of
<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.
<br />CONTRACTOR shall pay all charges of utility owners for
<br />connections to the Work, and OWNER shall pay all charges of
<br />such utility owners for capital costs related thereto, such as
<br />plant investment fees.
<br />6.09 Laws and Regulations
<br />A. CONTRACTOR shall give all notices and comply with
<br />all Laws and Regulations applicable to the performance of the
<br />Work. Except where otherwise expressly required by applicable
<br />Laws and Regulations, neither OWNER nor ENGINEER shall
<br />be responsible for monitoring CONTRACTOR's compliance
<br />with any Laws or Regulations.
<br />B. If CONTRACTOR performs any Work knowing or
<br />having reason to know that it is contrary to Laws or Regulations,
<br />CONTRACTOR shall bear all claims, costs, losses, and
<br />damages (including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other professionals and all
<br />court or 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 certain that the
<br />Specifications and Drawings are in accordance with Laws and
<br />Regulations, but this shall not relieve CONTRACTOR of
<br />CONTRACTOR's obligations under paragraph 3.03.
<br />C. Changes in Laws or Regulations not known at the
<br />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 />time of performance of the Work may be the subject of an
<br />adjustment in Contract Price or Contract Times. If OWNER and
<br />CONTRACTOR are unable to agree on entitlement to or on the
<br />amount or extent, if any, of any such adjustment, a Claim may
<br />be made therefore as provided in paragraph 10.05.
<br />6.10 Taxes
<br />A. CONTRACTOR shall pay all sales, consumer, use,
<br />and other similar taxes required to be paid by CONTRACTOR
<br />in accordance with the Laws and Regulations of the place of the
<br />Project which are applicable during the performance of the
<br />Work.
<br />6.11 Use of Site and Other Areas
<br />A. Limitation on Use of Site and Other Areas
<br />1.CONTRACTOR shall confine construction equip-
<br />ment, the storage of materials and equipment, and the
<br />operations of workers to the Site and other areas
<br />permitted by Laws and Regulations, and shall not
<br />unreasonably encumber the Site and other areas with
<br />construction equipment or other materials or equipment.
<br />CONTRACTOR shall assume full responsibility for any
<br />damage to any such land or area, or to the owner or
<br />occupant thereof, or of any adjacent land or areas
<br />resulting from the performance of the Work.
<br />2.Should any claim be made by any such owner or
<br />occupant because of the performance of the Work,
<br />CONTRACTOR shall promptly settle with such other
<br />party by negotiation or otherwise resolve the claim by
<br />arbitration or other dispute resolution proceeding or at
<br />law.
<br />3.To the fullest extent permitted by Laws and
<br />Regulations, CONTRACTOR shall indemnify and hold
<br />harmless OWNER, ENGINEER, ENGINEER's
<br />Consultant, and the officers, directors, partners,
<br />employees, agents, and other consultants of each and
<br />any of them from and against all claims, costs, losses,
<br />and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to any claim or
<br />action, legal or equitable, brought by any such owner or
<br />occupant against OWNER, ENGINEER, or any other
<br />party indemnified hereunder to the extent caused by or
<br />based upon CONTRACTOR's performance of the
<br />Work.
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