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A. M or incorporation in the Work, conform to the 6 . 19 CONTRACTOR 's General Warranty and information given in the Contract Documents Guarantee and be compatible with the design concept of the completed Project as a functioning whole as A. CONTRACTOR warrants and guarantees to •• indicated by the Contract Documents . OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract 2 . ENGINEER's review and approval Documents and will not be defective . will not extend to means , methods , techniques , CONTRACTOR's warranty and guarantee hereunder sequences , or procedures of construction excludes defects or damage caused by: (except where a particular means , method , technique, sequence, or procedure of con- 1 . abuse , modification , or improper .. struction is specifically and expressly called for maintenance or operation by persons other by the Contract Documents ) or to safety than CONTRACTOR, Subcontractors , precautions or programs incident thereto . The Suppliers , or any other individual or entity for review and approval of a separate item as such whom CONTRACTOR is responsible ; or will not indicate approval of the assembly in which the item functions . 2 , normal wear and tear under normal usage . ,,. 3 . ENGINEER's review and approval of Shop Drawings or Samples shall not relieve B . CONTRACTOR's obligation to perform and CONTRACTOR from responsibility for any complete the Work in accordance with the Contract variation from the requirements of the Contract Documents shall be absolute . None of the following Documents unless CONTRACTOR has in will constitute an acceptance of Work that is not in writing called ENGINEER's attention to each accordance with the Contract Documents or a release such variation at the time of each submittal as of CONTRACTOR's obligation to perform the Work in required by paragraph 6 . 17 . D .3 and ENGI- accordance with the Contract Documents : NEER has given written approval of each such variation by specific written notation thereof 1 . observations by ENGINEER; incorporated in or accompanying the Shop • Drawing or Sample approval ; nor will any 2 . recommendation by ENGINEER or approval by ENGINEER relieve CON- payment by OWNER of any progress or final TRACTOR from responsibility for complying payment; with the requirements of paragraph 6 . 17 . D . 1 . 3 . the issuance of a certificate of Sub- F . Resubmittal Procedures stantial Completion by ENGINEER or any payment related thereto by OWNER; +• 1 . CONTRACTOR shall make correc- tions required by ENGINEER and shall return 4 . use or occupancy of the Work or any the required number of corrected copies of part thereof by OWNER; Shop Drawings and submit as required new Samples for review and approval . CON- 5 . any acceptance by OWNER or any TRACTOR shall direct specific attention in failure to do so; writing to revisions other than the corrections .. called for by ENGINEER on previous 6 , any review and approval of a Shop submittals . Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 6 . 18 Continuing the Work " 7 . any inspection , test, or approval by A. CONTRACTOR shall carry on the Work and others ; or adhere to the progress schedule during all disputes or rl. disagreements with OWNER . No Work shall be 8 . any correction of defective Work by delayed or postponed pending resolution of any OWNER. disputes or disagreements , except as permitted by paragraph 15 .04 or as OWNER and CONTRACTOR 6 .20 Indemnification may otherwise agree in writing . A. To the fullest extent permitted by Laws and Regulations , CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's 0016-00700 - General Conditions Page 25 of 44 FAEngineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc VIII