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G All Work performed for CONTRACTOR by a Subcontractor or
<br />Supplier will be pursuant to an appropriate agreement between CONTRACTOR
<br />aadthe Subcontractor or Supplier which specifically binds the Subcontractor or
<br />Supplier to the applic2ble tennis and conditions ofthe Contract Documents for
<br />the Ix:ncttt efOWNER and ENGINEER Whenever any such agreement is with
<br />a Subcontractor or Supplier wbo is listed as an additional insured on the property
<br />ince provided in paragraph 5.06, the agreement between the CONTRAC-
<br />TOR and the Subcontractor or Supplier will contain provisions whereby the
<br />Subcorrtradoror Supplier waives all rights against OWNER, CONTR4,C TOR,
<br />ENGINEER, ENGINEER's Consultants, and all other individuals or entities
<br />idenufred in the SuppLmtntary Conditions to be listed as insureds or additional
<br />insureds (and the officers, directors panniers, employees, agents, and other
<br />consultants and subcontractors of cath and any of them) for all losses and
<br />darnages caused by, arising out of, relating to. or resulting from any ofthe perils
<br />or causes of loss covered by such policies and any other property insurance
<br />applicable to the Work- If the insurers on any such policies require separate
<br />waiver corms to be signed by any Subcontractor or Supplier, CONTRACTOR
<br />will obtain the same
<br />607 Parent Fees and Royalties
<br />A, CONTRACTOR shall pav all license fees and royalties and assume
<br />all costs trscident to the use in the performance ofthe Work or the incorporation
<br />in the Work of any invention, design, process, product, or device which is the
<br />subject of patent rights or copyrights held by others If a particular invention,
<br />design, proof piodud, or device is specified in the Contract Documents for use
<br />In the performance of the Work and if to the actual knowledge of OWNER or
<br />ENGINEER its use is subject to patent rights or copyrights calling for the
<br />payment of any license fee or royalty to others, the existence ofsuch rights shall
<br />be disclosed by OWNER in the Contract Documents. To the fullest extent
<br />pernumcd by laws and Regulations, CONTRACTOR shall indemnify and hold
<br />ha,mless O W'NE R . ENGINEER. ENG INEER's Consultants, and the officers,
<br />directors, partners, employees or agents, and other consultants of each and any
<br />ofthcmfrom and against all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects, anoraeys, and other
<br />profissionak and all cant or arbitration or other dispute resolution costs) arising
<br />out of or relating to any infnngr.ment of patent rights or copyrights incident to the
<br />use in the performance of the Work or resulting from the incorporation in the
<br />Work of arty invention, designs, process, product, or device not specified in the
<br />Contract Documents
<br />608 Permits
<br />A_ Unless otherwise provided in the Supplementary Conditions,
<br />CONTRACTOR shall obtain and pay for all construction permits and licenses,
<br />OWNER shall assist CONTRACTOR, when necessary, in obtaining such
<br />pcanfls and licenses. CONTRACTOR shall pay all governmental charges and
<br />inspection fees necessary for the prosecution ofthe Work which are applicable
<br />at the time of opening of Bids, or, if there are no Bids, on the Effective Date of
<br />the Agreement CONTRACTOR shall pay all charges of utility owners for
<br />connections to the Work, and OWNER shall pay all charges of such utility
<br />owners for capital costs related thereto, such as plant investment fees.
<br />6.09 Laws and Regulations
<br />A. CONTRACTOR sball give all notices and comply with all Laws and
<br />Regulations applicable to the performance of the Work. Except where otherwise
<br />expressly required by applicable haws and Regulations, neither OWNER nor
<br />ENGINEER shall be responsible for monitoring CONTRACTOR's compliance
<br />with any Laws or Regulations.
<br />B. WCONTRACTOR performs any Work knowing or having reason to
<br />know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all
<br />claims, costs, losses, and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other professionals and all cost
<br />or arbitration or other dispute resolution costs) arising out of or relating to such
<br />Work; however, it shall not be CONTRACTOR's primary responsibility to
<br />make aetain that the Specifications and Drawings ere in aceordanee with Laws
<br />and Regulations, but this shall not relieve CONTRACTOR of
<br />CONTRACTOR's obligations under paragraph 3.03-
<br />C, Changes in Laws or Regulations not known at the time of opening of
<br />Bids (or, on Use Effective Dale ofthe Agreement if there were no Bids) having
<br />an effect on the cost or time of performance ofthe Work may be the subject of
<br />an adjustment in Contract Price or Contract Times. If OWNER and
<br />CONTRACTOR are unable to agree on entitlement to or on the amount or
<br />extant, ifauA of any such adjusbnmt, a Claim may be made therefor as provided
<br />in paragraph 10.05
<br />610 T-aaes
<br />A. CONTRACTORshail pay all sales, consumer, use, and other surular
<br />taxes required to be paid by CONTR ACTOR in accordance with the Laws and
<br />Regulations of the place of the Project which are applicable during the
<br />performance ofthe Work
<br />611 Use ofStteand Other Areas
<br />A. Limitation on Use ofStte and Other Areas
<br />1 CONTRACTOR shall confine construction equipment, the
<br />storage of malcrials and equipment, and the operations of workets to the Site
<br />and other areas pernutted by Laws and Regulations, and shall not
<br />unreasonably encumber the Site and other areas with construction
<br />equipment or other materials or equipment CONTRACTOR shall assume
<br />full responsibility for any damage to any such land or area, or to the owner
<br />or occupant thereof or of any adjacent land or areas resulting from the
<br />performance ofthe Work-
<br />2
<br />ork
<br />2 Should any claim be made by anv such owner or occupant
<br />because ofthe performance ofthe Work, CON TRACTOR shall promptly
<br />settle with such othe party by negotiation or otherwise resolve the claim by
<br />arbitral ion or other dispute resolution proceeding or at law.
<br />3 To the fullest extent permitted by Iaws and Regulations.
<br />CONTRACTOR shall indemnify and hold harmless OWNER,
<br />ENGINEER, ENGiNEER's Consultant, and the officers, directors, partners,
<br />employer-, agents, and other consultants of each and any ofthein from and
<br />against all claims, costs, losses, and damages (including but not limited to
<br />all fees and charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute resolution costs)
<br />arising out of or relating to any claim or action, legal or equitable, brought
<br />by any such owner or occupant against OWNER, ENGINEER, or any other
<br />party indemnified hereunder to the extent caused by or based upon
<br />CONTRACTOR's performance ofthe Work
<br />B. RemovaiofDebrisDuringPerformanceoftheWork. Dunnglhe
<br />progress of the Work CONTRACTOR shall keep the Site and other arras free
<br />from accumulations of waste materials, rubbish, and other debris. Removal and
<br />disposal of such waste materials, rubbish, and other debris shall conform to
<br />applicable laws and Regulations,
<br />C. Cleaning Prior to Substantial Completion of the Work
<br />CONTRACTOR shall clears the Site and make it ready for utilization by
<br />OWNER. At the completion of the Work CONTRACTOR shall remove from
<br />the Site all Wet% appliances, construction equipment and machinery, and surplus
<br />materials and shall restore to original condition all property not designated for
<br />alteration by the Contract Documents,
<br />D. Loading Structures. CONTRACTOR shall not load nor permit any
<br />part of any structure to be loaded in any manner that will endanger the structure,
<br />nor shall CONTRACTOR subject any part ofthe Work or adjacent property to
<br />stns or pressures that will endanger it
<br />6.12 RecordDocumenrs
<br />A_ CONTRACTOR shall maintain in a safe place at the Site one record
<br />copy of all Drawings, Specifications, Addenda, Written Amendments, Change
<br />Orders, Work Change Directives, Field Orders, and written interpretations and
<br />clarifications in good order and annotated to show changes made during
<br />construction. These record documents together with all approved Samples and
<br />a counterpart of all approved Shop Drawings will be available to ENGINEER
<br />for reference Upon completion ofthe Work, these record documents, Samples,
<br />and Shop Drawings will be delivered to ENGINEER for OWNER.
<br />6.13 Safety and Protection
<br />A CONTRACTOR sisal] be solely responsible for initiating, maintaining
<br />and supervising all safety precautions and programs in connection with the
<br />Work CONTRACTOR shall take all necessary precautions for the safety of,
<br />and shall provide the necessary protection to prevent damage, injury or loss to:
<br />I , all persons on the Site or who may be affected by the Work;
<br />2. all the Work and materials and equipment to be incorporated
<br />therein, whether in storage on or offthe Site; and
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