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B. CONTRACTOR's obligation to perform and complete
<br />the Work in accordance with the Contract Documents shall be
<br />absolute. None of the following will constitute an acceptance of
<br />Work that is not in accordance with the Contract Documents or
<br />a release of CONTRACTOR's obligation to perform the Work in
<br />accordance with the Contract Documents:
<br />1.observations by ENGINEER;
<br />2. recommendation by ENGINEER or payment by
<br />OWNER of any progress or final payment;
<br />3.the issuance of a certificate of Substantial
<br />Completion by ENGINEER or any payment related
<br />thereto by OWNER;
<br />4.use or occupancy of the Work or any part thereof
<br />by OWNER;
<br />5.any acceptance by OWNER or any failure to do
<br />so;
<br />6.any review and approval of a Shop Drawing or
<br />Sample submittal or the issuance of a notice of accept-
<br />ability by ENGINEER;
<br />7.any inspection, test, or approval by others; or
<br />8.any correction of defective Work by OWNER.
<br />6.20 Indemnification
<br />A. To the fullest extent permitted by Laws and Regula-
<br />tions, CONTRACTOR shall indemnify and hold harmless
<br />OWNER, ENGINEER, ENGINEER's Consultants, and the
<br />officers, directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of them from
<br />and against all claims, costs, losses, and damages (including
<br />but not 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 the
<br />performance of the Work, provided that any such claim, cost,
<br />loss, or damage:
<br />1.is attributable to bodily injury, sickness, disease,
<br />or death, or to injury to or destruction of tangible
<br />property (other than the Work itself), including the loss
<br />of use resulting therefrom; and
<br />2. is caused in whole or in part by any negli-
<br />gent act or omission of CONTRACTOR, any Sub-
<br />contractor, any Supplier, or any individual or entity
<br />directly or indirectly employed by any of them to perform
<br />any of the Work or anyone for whose acts any of them
<br />may be liable, regardless of whether or not caused in
<br />part by any negligence or omission of an individual or
<br />entity indemnified hereunder or whether liability is
<br />imposed upon such indemnified party by Laws and
<br />Regulations regardless of the negligence of any such
<br />individual or entity.
<br />B. In any and all claims against OWNER or ENGINEER
<br />or any of their respective consultants, agents, officers, directors,
<br />partners, or employees by any employee (or the survivor or
<br />personal representative of such employee) of CONTRACTOR,
<br />any Subcontractor, any Supplier, or any individual or entity
<br />directly or indirectly employed by any of them to perform any of
<br />the Work, or anyone for whose acts any of them may be liable,
<br />the indemnification obligation under paragraph 6.20.A shall not
<br />be limited in any way by any limitation on the amount or type of
<br />damages, compensation, or benefits payable by or for CON-
<br />TRACTOR or any such Subcontractor, Supplier, or other
<br />individual or entity under workers' compensation acts, disability
<br />benefit acts, or other employee benefit acts.
<br />C. The indemnification obligations of CONTRACTOR
<br />under paragraph 6.20.A shall not extend to the liability of
<br />ENGINEER and ENGINEER's Consultants or to the officers,
<br />directors, partners, employees, agents, and other consultants
<br />and subcontractors of each and any of them arising out of:
<br />t.the preparation or approval of, or the failure to
<br />prepare or approve, maps, Drawings, opinions, reports,
<br />surveys, Change Orders, designs, or Specifications; or
<br />2.giving directions or instructions, or failing to give
<br />them, if that is the primary cause of the injury or
<br />damage.
<br />ARTICLE 7 - OTHER WORK
<br />7.01 Related Work at Site
<br />A. OWNER may perform other work related to the
<br />Project at the Site by OWNER's employees, or let other direct
<br />contracts therefore, or have other work performed by utility
<br />owners. If such other work is not noted in the Contract
<br />Documents, then:
<br />t.written notice thereof will be given to CONTRAC-
<br />TOR prior to starting any such other work; and
<br />2.if OWNER and CONTRACTOR are unable to
<br />agree on entitlement to or on the amount or extent, if
<br />any, of any adjustment in the Contract Price or Contract
<br />Times that should be allowed as a result of such other
<br />work, a Claim may be made therefore as provided in
<br />paragraph 10.05.
<br />B. CONTRACTOR shall afford each other contractor
<br />who is a party to such a direct contract and each utility owner
<br />(and OWNER, if OWNER is performing the other Work with
<br />OWNER's employees) proper and safe access to the Site and a
<br />reasonable opportunity for the introduction and storage of
<br />materials and equipment and the execution of such other work
<br />and shall properly coordinate the Work with theirs. Unless
<br />otherwise provided in the Contract Documents, CONTRACTOR
<br />shall do all cutting, fitting, and patching of the Work that may be
<br />required to properly connect or otherwise make its several parts
<br />come together and properly integrate with such other work.
<br />CONTRACTOR shall not endanger any work of others by
<br />cutting, excavating, or otherwise altering their work and will only
<br />cut or alter their work with the written consent of ENGINEER
<br />and the others whose work will be affected. The duties and
<br />responsibilities of CONTRACTOR under this paragraph are for
<br />the benefit of such utility owners and other contractors to the
<br />extent that there are comparable provisions for the benefit of
<br />CONTRACTOR in said direct contracts between OWNER and
<br />such utility owners and other contractors.
<br />00700 General Conditions (EJCDC).doc
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