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or furnishing any of the Work to communicate with ENGI- and other professionals and all court or arbitration or other <br /> NEER through CONTRACTOR. dispute resolution costs) arising out of or relating to any <br /> infringement of patent rights or copyrights incident to the <br /> F. The divisions and sections of the Specifications use in the performance of the Work or resulting from the <br /> and the identifications of any Drawings shall not control incorporation in the Work of any invention, design, process, <br /> CONTRACTOR in dividing the Work among Subcon- product, or device not specified in the Contract Documents. <br /> tractors or Suppliers or delineating the Work to be <br /> performed by any specific trade. 6.08 Permits <br /> G. All Work performed for CONTRACTOR by a A. Unless otherwise provided in the Supplementary <br /> Subcontractor or Supplier will be pursuant to an appropriate Conditions, CONTRACTOR shall obtain and pay for all <br /> agreement between CONTRACTOR and the Subcontractor construction permits and licenses. OWNER shall assist <br /> or Supplier which specifically binds the Subcontractor or CONTRACTOR, when necessary, in obtaining such <br /> Supplier to the applicable terms and conditions of the permits and licenses. CONTRACTOR shall pay all <br /> Contract Documents for the benefit of OWNER and governmental charges and inspection fees necessary for the <br /> ENGINEER. Whenever any such agreement is with a prosecution of the Work which are applicable at the time of <br /> Subcontractor or Supplier who is listed as an additional opening of Bids, or, if there are no Bids, on the Effective <br /> insured on the property insurance provided in paragraph Date of the Agreement. CONTRACTOR shall pay all <br /> 5 .061 the agreement between the CONTRACTOR and the charges of utility owners for connections to the Work, and <br /> Subcontractor or Supplier will contain provisions whereby OWNER shall pay all charges of such utility owners for <br /> the Subcontractor or Supplier waives all rights against capital costs related thereto, such as plant investment fees. <br /> OWNER, CONTRACTOR, ENGINEER, ENGINEER's <br /> Consultants, and all other individuals or entities identified in New Paragraphs 6.08.B, C, and D have been added. See <br /> the Supplementary Conditions to be listed as insureds or the Supplementary Conditions. <br /> additional insureds (and the officers, directors, partners, <br /> employees, agents, and other consultants and subcontractors 6.09 Laws and Regulations <br /> of each and any of them) for all losses and damages caused <br /> by, arising out of, relating to, or resulting from any of the A. CONTRACTOR shall give all notices and comply <br /> perils or causes of loss covered by such policies and any with all Laws and Regulations applicable to the <br /> other property insurance applicable to the Work. If the performance of the Work. Except where otherwise <br /> insurers on any such policies require separate waiver forms expressly required by applicable Laws and Regulations, <br /> to be signed by any Subcontractor or Supplier, CONTRAC- neither OWNER nor ENGINEER shall be responsible for <br /> TOR will obtain the same. monitoring CONTRACTOR's compliance with any Laws <br /> or Regulations. <br /> 6.07 Patent Fees and Royalties <br /> B. If CONTRACTOR performs any Work knowing <br /> A. CONTRACTOR shall pay all license fees and or having reason to know that it is contrary to Laws or <br /> royalties and assume all costs incident to the use in the Regulations, CONTRACTOR shall bear all claims, costs, <br /> performance of the Work or the incorporation in the Work losses, and damages (including but not limited to all fees <br /> of any invention, design, process, product, or device which and charges of engineers, architects, attorneys, and other <br /> is the subject of patent rights or copyrights held by others. professionals and all court or arbitration or other dispute <br /> If a particular invention, design, process, product, or device resolution costs) arising out of or relating to such Work; <br /> is specified in the Contract Documents for use in the however, it shall not be CONTRACTOR's primary <br /> performance of the Work and if to the actual knowledge of responsibility to make certain that the Specifications and <br /> OWNER or ENGINEER its use is subject to patent rights or Drawings are in accordance with Laws and Regulations, but <br /> copyrights calling for the payment of any license fee or this shall not relieve CONTRACTOR of CONTRACTOR's <br /> royalty to others, the existence of such rights shall be obligations under paragraph 3 .03 . <br /> disclosed by OWNER in the Contract Documents. To the <br /> fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at the <br /> CONTRACTOR shall indemnify and hold harmless time of opening of Bids (or, on the Effective Date of the <br /> OWNER, ENGINEER, ENGINEER's Consultants, and the Agreement if there were no Bids) having an effect on the <br /> officers, directors, partners, employees or agents, and other cost or time of performance of the Work may be the subject <br /> consultants of each and any of them from and against all of an adjustment in Contract Price or Contract Times. If <br /> claims, costs, losses, and damages (including but not limited OWNER and CONTRACTOR are unable to agree on <br /> to all fees and charges of engineers, architects, attorneys, entitlement to or on the amount or extent, if any, of any such <br /> 00700 - 23 <br />