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or ENG IN EER its use is subject to patent rights or copyrights
<br />calling for the payment of any I[cense fee or royalty to others,
<br />the existence of such rights shall be disclosed by OWNER in
<br />the Contract Documents. CONTRACTOR shall indemnify
<br />and hold harmless oWNER and ENGINEER and anyone
<br />directly or indirectly employed by either of them from and
<br />against all claims, damages, losses and expenses (including
<br />attorneys' fees and court and arbitration costs) arising out of
<br />any infringement of patent rights or copyrights incident to
<br />the use in the performance of the Work or resulting from the
<br />incorporation in the Work of any invention, design, process,
<br />product or device not specified in thc Contract Documents,
<br />and shall defend all such clalm~in connection with any alleged
<br />infringement of such rights.
<br />
<br />Permit:
<br />* 6.13. Unless otherwise provided in the Supplementary
<br />Conditions, CONTRACTOR shall obtain and pay for all con-
<br />struction permits and licenses. OWNER shall assist CON-
<br />TRACTOR, when necessary, in obtaining such permits and
<br />licenses. CONTRACTOR shall pay all governmental charges
<br />and inspection fees necessary for the prosecution of the Work,
<br />which are applicable at the time of opening of Bids, or if there
<br />are no Bids on the Effective Date of the Agreement. CON-
<br />TRACTOR shall pay all charges of utility owners for con-
<br />neet.ions to the Work, and OWlqER shall pay ali charges of
<br />such utility owners for capital costs related thereto such as
<br />plant investment fees.
<br />
<br />place of the Project which are applicable during the perfor-
<br />mance of the Work.
<br />
<br />Use u~ pr~m{$es:
<br /> 6.16. CONTRACTOR shall confine construction equip-
<br />ment, the storage of materials and equipment and the oper-
<br />ations of workers to the Project site and land and areas iden-
<br />tified in and permitted by the Contract Documents and other
<br />land and areas permitted by Laws and Regulations, rights;
<br />of-way, permits and easements, and shall not unreasonably
<br />encumber the premises with construction equipment or other
<br />materials or equipment. CONTRACTOR shall assume full
<br />responslbilky for any damage to any such land or area, or to
<br />the owner or occupant thereof or of any land or areas contig-
<br />uous thereto, resulting frOm the performance of the Work.
<br />Should any claim be made against OWNER or ENGINEER
<br />by any such owner or occupant because of the performance
<br />of the Work, cONTRACTOR shall promptly attempt to settle
<br />with such other party by agreement or otherwise resolve thc
<br />claim by arbisration or at law. CONTRACTOR shall, to the
<br />fullest extent permitted by Laws and Regulations, indemnify
<br />' 'and hold OWNER and ENGINEER harmless from and against
<br /> all claims, damages, losses and expenses (including, but not
<br /> limited to, fees of engineers, architects, attorneys and other
<br /> professionals and court and arbitration costs) arising directly,
<br /> indirectly or consequentially out of any action, legal or equi-
<br /> table, brought by any such other party against OWNER or
<br /> ENGINEER to the extent based on a claim arising out of
<br /> CONTRA. croR's performance of the Work.
<br />
<br />Laws and Regalaffans:
<br /> 6.14.1. CONTRACTOR shall give all notices and
<br /> comply with all Laws and Regulations applicable to fur-
<br /> nishing and performance of the Work. Except where oth-
<br /> erwise expressly required by applicable Laws and Regu-
<br /> lations, neither OWNER nor ENGINEER shall be respon-
<br /> sible for monitoring CONTRACTOR's compliance with
<br /> any Laws or Regulations.
<br />
<br /> 6.14.';. If CONTRACTOR obserVes that the Specifi-
<br /> cations or Drawings are at variance with any Laws or
<br /> Regulations, CONTRACTOR shall give ENGINEER
<br /> prompt written notice thereof, and any necessary changes
<br /> will be authorized by one of the methods indicated in
<br /> paragraph 3.4. If CONTRACTOR performs any Work
<br /> knowing or having reason to know that it is contrary to
<br /> such Laws or RegUlations, and without such notice to
<br /> ENGINEER, CONTP-.ACTOR shall bear all costs arising
<br /> therefrom; however, it shall not be CONTRACTOR's pri'
<br /> mary responsibility to make certain that the Specif~catlons
<br /> and Drawings are in accordance with such Laws and
<br /> Regulations.
<br />
<br />* 6.15. CONTRACTOR shall pay all sales, consumer, use
<br />and other similar taxes required to be paid by CONTRAC-
<br />TOR in accordance with the Laws and Regulations of the
<br />
<br /> 6.17. During the progress of the Work, CONTRACTOR
<br />shall keep the premises free from accumulations of waste
<br />materials, rubbish and other debris resulting from the Work.
<br />At thc completion of thc Work CONTRACTOR shall remove
<br />all waste materials, lmbblsh and debris from and about the
<br />premises as well as all tools, appliances, construction equip-
<br />ment and machinery, and surplus materials, and shall leave
<br />the site clean and ready for occupancy by OWNER. CON-
<br />TRACTOR shall restore to original condition all property not
<br />designated for alteration by the Contract Documents.
<br />
<br /> 6.18. CONTRACTOR shall not load nor permit any part
<br />of any stractura to be loaded in any manner that will endanger
<br />the structure, nor shall CONTRACTOR subject an~ part of
<br />the Work or adjacent property to stresses or pressures that
<br />will endanger it.
<br />
<br /> 6.19. CONTRACTOR shall maintain in a safe place at
<br />thc site one record copy of all Drawings, Specifications,
<br />Addenda, Written Amendments. Change Orders, Work
<br />D[rective Changes. Field Orders and written interpretations
<br />and clarifications (issued pursuant to paragraph 9.4) in good
<br />order and annotated to show all changes made during con-
<br />strUctlon. These reco rd documents together with all approved
<br />samples and a counterpart of all approved Shop Drawings
<br />will be available to ENGINEER for reference. Upon ~om-
<br />
<br />*See Supplementary Conditions
<br />
<br />
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