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