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r Documents and will not be defective. engineers, architects , attorneys, and other
<br /> CONTRACTOR's warranty and guarantee hereunder professionals and all court or arbitration or other
<br /> excludes defects or damage caused by: dispute resolution costs) arising out of or relating to
<br /> the performance of the Work, provided that any such
<br /> • 1 . abuse, modification , or improper claim , cost, loss , or damage:
<br /> maintenance or operation by persons other
<br /> than CONTRACTOR, Subcontractors, 1 . is attributable to bodily injury,
<br /> ,. Suppliers , or any other individual or entity for sickness , disease, or death , or to injury to or
<br /> whom CONTRACTOR is responsible; or destruction of tangible property (other than the
<br /> Work itself), including the loss of use resulting
<br /> 2. normal wear and tear under normal therefrom ; and
<br /> • usage.
<br /> 2. is caused in whole or in part by any
<br /> B . CONTRACTOR's obligation to perform and negligent act or omission of CONTRACTOR ,
<br /> r, complete the Work in accordance with the Contract any Subcontractor, any Supplier, or any
<br /> Documents shall be absolute. None of the following individual or entity directly or indirectly
<br /> will constitute an acceptance of Work that is not in employed by any of them to perform any of the
<br /> accordance with the Contract Documents or a release Work or anyone for whose acts any of them
<br /> JIM of CONTRACTOR's obligation to perform the Work in may be liable , regardless of whether or not
<br /> accordance with the Contract Documents: caused in part by any negligence or omission
<br /> of an individual or entity indemnified hereunder
<br /> r 1 . observations by ENGINEER; or whether liability is imposed upon such
<br /> indemnified party by Laws and Regulations
<br /> 2. recommendation by ENGINEER or regardless of the negligence of any such
<br /> payment by OWNER of any progress or final individual or entity.
<br /> • payment;
<br /> B . In any and all claims against OWNER or
<br /> 3. the issuance of a certificate of Sub- ENGINEER or any of their respective consultants ,
<br /> r, stantial Completion by ENGINEER or any agents, officers , directors , partners, or employees by
<br /> payment related thereto by OWNER; any employee (or the survivor or personal
<br /> representative of such employee) of CONTRACTOR,
<br /> 4. use or occupancy of the Work or any any Subcontractor, any Supplier, or any individual or
<br /> part thereof by OWNER; entity directly or indirectly employed by any of them to
<br /> perform any of the Work, or anyone for whose acts
<br /> 5 . any acceptance by OWNER or any any of them may be liable, the indemnification
<br /> f, failure to do so; obligation under paragraph 6.20.A shall not be limited
<br /> in any way by any limitation on the amount or type of
<br /> 6 . any review and approval of a Shop damages, compensation , or benefits payable by or for
<br /> Drawing or Sample submittal or the issuance of CONTRACTOR or any such Subcontractor, Supplier,
<br /> • a notice of acceptability by ENGINEER; or other individual or entity under workers' compen-
<br /> sation acts, disability benefit acts , or other employee
<br /> 7. any inspection, test, or approval by benefit acts .
<br /> others; or
<br /> C . The indemnification obligations of CON-
<br /> 8. any correction of defective Work by TRACTOR under paragraph 6 .20 .A shall not extend
<br /> OWNER. to the liability of ENGINEER and ENGINEER's
<br /> Consultants or to the officers, directors, partners ,
<br /> 6.20 Indemnification employees , agents , and other consultants and
<br /> subcontractors of each and any of them arising out of:
<br /> + A. To the fullest extent permitted by Laws and
<br /> Regulations , CONTRACTOR shall indemnify and hold 1 . the preparation or approval of, or the
<br /> harmless OWNER, ENGINEER, ENGINEER's failure to prepare or approve, maps , Drawings,
<br /> Consultants , and the officers, directors , partners, opinions, reports, surveys , Change Orders,
<br /> employees, agents , and other consultants and designs, or Specifications; or
<br /> subcontractors of each and any of them from and
<br /> against all claims , costs, losses, and damages
<br /> (including but not limited to all fees and charges of
<br /> 00700 - General Conditions REV 04-07
<br /> 00700 - 26
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