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nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails
<br />so to do, then the OWNER may at the option of the CONTRACTOR either pay directly any
<br />unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S
<br />unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such
<br />lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged,
<br />whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms
<br />of this contract, but in no event shall the provisions of this sentence be construed to impose any
<br />obligation upon the OWNER by either,the CONTR,ACTOR or his Surety.
<br />3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CON-
<br />TRACTOR shall pay all royalties and license fees, and shall provide for the use of any design,
<br />device, material or process covered by letters patent or copyright by suitable legal agreement
<br />with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of
<br />any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless
<br />from any loss on account thereof, except -that the OWNER shall defend all such suits and claims
<br />and 'shall be responsible for all such loss when a particular design, device, material or process or
<br />the product of a particular manufacturer or manufacturers is specified or required by the OWNER;
<br />provided, however, if choice of alternate design, device, material or process is allowed to the
<br />CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss
<br />on account thereof. If We material or process specified or required by the OWNER is an infringe-
<br />ment, the CONTRACTOR shall be responsible for such loss unless he promptly gives such
<br />information to the OWNER.
<br />3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply
<br />with all Federal, State and local laws, ordinances and regulations, which in any manner affect the
<br />contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against
<br />any claim arising from the violation of any such laws, ordinances, and regulations whether by the
<br />CONTRACTOR or his employees, except wtiere such violations are called for by the provisions
<br />of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are
<br />at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary
<br />changes shall be adjusted as provided in the contract for changes in the work. If the CONTRAC-
<br />TOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations,
<br />and without such notice to the ENGINEER, he shall bear all costs arising therefrom. In case the
<br />OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the
<br />same regulates the objects for which, or the manner in which, or the conditions under which the
<br />OWNER may enter into contract, shall be controlling, and shall be considered as part of this
<br />contract, to the same effect as though embodied herein.
<br />3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will
<br />retain personal control and will give his personal attention to the fulfillment of this contract and
<br />that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the
<br />written consent of the ENGINEER, and that no part or feature of the work will be sublet to
<br />anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees
<br />that the subletting of any portion or feature of the work, or materials required in the performance
<br />of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as
<br />proviaed by this Agreement.
<br />3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless
<br />the OWNER and the ENGINEER and their resnective officers, agents and employees, from and
<br />against all damages, claims, losses, demands, suits, judgments and costs, including reasonable
<br />attorneys' fees and expenses, arising out of or resulting from the performance of the work,
<br />provided that any such damages, claim, loss, demand, suit, judgment, cost or expense:
<br />(1) Is attributable to bodily injury, sickness, disease or death or to injury
<br />to or destruction of tangible property (other than the work itself)
<br />including the loss of use resulting therefrom; and,
<br />G_7 Qc by Texu SecUon, ASCE 1971
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