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each such variation at the time of each submittal as re- 5. any acceptance by OWNER or any failure to do
<br /> quired by paragraph 6. 17. D . 3 and ENGINEER has so;
<br /> given written approval of each such variation by specific
<br /> written notation thereof incorporated in or accompanying 6. any review and approval of a Shop Drawing or
<br /> the Shop Drawing or Sample approval ; nor will any Sample submittal or the issuance of a notice of accept-
<br /> approval by ENGINEER relieve CONTRACTOR from ability by ENGINEER;
<br /> responsibility for complying with the requirements of
<br /> paragraph 6. 17 . 13. 1 . Tany inspection, test, or approval by others; or
<br /> F . Resubmittal Procedures 8. 2ny correction of defective Work by OWNER.
<br /> 1 . CONTRACTOR shall make corrections required 6.20 indemnifrcationftc In "6. 20 Indemnification ?
<br /> by ENGINEER and shall return the required number of
<br /> corrected copies of Shop Drawings and submit as A. To the fullest extent permitted by Laws and Regula-
<br /> required new Samples for review and approval . CON- tions , CONTRACTOR shall indemnify and hold harmless
<br /> TRACTOR shall direct specific attention in writing to OWNER, ENGINEER, ENGINEER's Consultants, and the
<br /> revisions other than the corrections called for by ENGI- officers , directors , partners, employees, agents, and
<br /> other
<br /> NEER on previous submittals . consultants and subcontractors of each and any of them from
<br /> and against all claims, costs , losses , and damages (including
<br /> 6. 18 Continuing the Work(tc 0 "6. 18 Continuing but not limited to all fees and charges of engineers, architects,
<br /> the Work's attorneys, and other professionals and all court or arbitration or
<br /> other dispute resolution costs ) arising out of or relating to the
<br /> A. CONTRACTOR shall carry on the Work and adhere performance of the Work, provided that any such claim , cost,
<br /> to the progress schedule during all disputes or disagreements loss , or damage:
<br /> with OWNER. No Work shall be delayed or postponed pending
<br /> resolution of any disputes or disagreements, except as Us attributable to bodily injury, sickness, disease,
<br /> permitted by paragraph 15.04 or as OWNER and or death , or to injury to or destruction of tangible
<br /> CONTRACTOR may otherwise agree in writing . property (other than the Work itself), including the loss
<br /> of use resulting therefrom; and
<br /> 6. 19 CONTRACTOR 's General Warranty and Guaran-
<br /> teeftc In "6. 19 CONTRACTOR's General Warranty and 2. is caused in whole or in part by any negli-
<br /> Guarantee7 gent act or omission of CONTRACTOR, any Sub-
<br /> contractor, any Supplier, or any individual or entity
<br /> A. CONTRACTOR warrants and guarantees to OWNER, directly or indirectly employed by any of them to perform
<br /> ENGINEER, and ENGINEER's Consultants that all Work will be any of the Work or anyone for whose acts any of them
<br /> in accordance with the Contract Documents and will not be may be liable, regardless of whether or not caused
<br /> in
<br /> defective. CONTRACTOR's warranty and guarantee hereunder part by any negligence or omission of an individual or
<br /> excludes defects or damage caused by: entity indemnified hereunder or whether liability is
<br /> imposed upon such indemnified party by Laws and
<br /> 1 . abuse, modification, or improper maintenance or Regulations regardless of the negligence of any such
<br /> operation by persons other than CONTRACTOR, Sub- individual or entity.
<br /> contractors , Suppliers, or any other individual or entity
<br /> for whom CONTRACTOR is responsible; or B . In any and all claims against OWNER or ENGINEER
<br /> or any of their respective consultants, agents , officers, directors ,
<br /> 2. normal wear and tear under normal usage, partners, or employees by any employee (or the survivor or
<br /> personal representative of such employee) of CONTRACTOR,
<br /> B. CONTRACTOR's obligation to perform and complete any Subcontractor, any Supplier, or any individual or entity
<br /> the Work in accordance with the Contract Documents shall be directly or indirectly employed by any of them to perform any of
<br /> absolute. None of the following will constitute an acceptance of the Work, or anyone for whose acts any of them may be liable,
<br /> Work that is not in accordance with the Contract Documents or the indemnification obligation under paragraph 6.20.A shall not
<br /> a release of CONTRACTOR's obligation to perform the Work in be limited in any way by any limitation on the amount or type of
<br /> accordance with the Contract Documents: damages , compensation, or benefits payable by or for CON-
<br /> TRACTOR or any such Subcontractor, Supplier, or other
<br /> 1 . observations by ENGINEER; individual or entity under workers' compensation acts , disability
<br /> benefit acts , or other employee benefit acts .
<br /> 2. recommendation by ENGINEER or payment by
<br /> OWNER of any progress or final payment; C. The indemnification obligations of CONTRACTOR
<br /> under paragraph 6.20.A shall not extend to the liability of
<br /> 3. the issuance of a certificate of Substantial ENGINEER and ENGINEER's Consultants or to the officers
<br />,
<br /> Completion by ENGINEER or any payment related directors , partners , employees, agents , and other consultants
<br /> thereto by OWNER; and subcontractors of each and any of them arising out of:
<br /> 4. use or occupancy of the Work or any part thereof 1 . the preparation or approval of, or the failure to
<br /> by OWNER; prepare or approve, maps, Drawings , opinions , reports ,
<br /> Vie/ surveys , Change Orders , designs , or Specifications ; or
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