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<br />or entity except as may otherwise be required by Laws
<br />and Regulations.
<br />
<br />D. Contractor shall be solely responsible for
<br />scheduling and coordinating the Work of Subcontractors,
<br />Suppliers, and other individuals or entities performing or
<br />furnishing any of the Work under a direct or indirect
<br />contract with' Contractor.
<br />
<br />E. Contractor shall require all Subcontractors,
<br />Suppliers, and such other individuals or entities per-
<br />forming or furnishing any of the Work to communicate
<br />with Engineer through Contractor.
<br />
<br />F. The divisions and sections of the Specifica-
<br />tions and the identifications of any Drawings shall not
<br />control Contractor in dividing the Work among Subcon-
<br />tractors or Suppliers or delineating the Work to be
<br />performed by any specific trade.
<br />
<br />G. All Work performed for Contractor by a
<br />Subcontractor or Supplier will be pursuant to an appro-
<br />priate agreement between Contractor and the
<br />Subcontractor or Supplier which specifically binds the
<br />Subcontractor or Supplier to the applicable terms and
<br />conditions of the Contract Documents for the benefit of
<br />Owner and" Engineer; -Whenever" any such agreement is
<br />with a Subcontractor or Supplier who is listed as an
<br />additional insured on the property insurance provided in
<br />Paragraph 5,06, the agreement between the Contractor
<br />and the Subcontractor or Supplier will contain provisions
<br />whereby the Subcontractor or Supplier waives all rights
<br />against Owner, Contractor, and Engineer" and all other
<br />individuals or entities identified in the Supplementary
<br />Conditions to be listed as insureds or additional insureds
<br />(and the officers, directors, partners, employees, agents,
<br />consultants and subcontractors of each and any of them)
<br />for all losses and damages caused by, arising out of,
<br />relating to, or resulting from any of the perils or causes of
<br />loss covered by such policies and any other property
<br />insurance applicable to the Work. If the insurers on any
<br />such policies require separate waiver forms to be signed
<br />by any Subcontractor or Supplier, Contractor will obtain
<br />the same.
<br />
<br />6,07
<br />
<br />Patent Fees and Royalties
<br />
<br />A. Contractor shall pay all license fees and
<br />royalties and assume all costs incident to the use in the
<br />performance ofthe Work or the incorporation in the Work
<br />of any invention, design, process, product, or device
<br />which is the subject of patent rights or copyrights held by
<br />others. If a particular invention, design, process, product,
<br />or device is specified in the Contract Documents for use
<br />in the performance of the Work and if to the actual
<br />knowledge of Owner or Engineer its use is subject to
<br />patent rights or copyrights calling for the payment of any
<br />license fee or royalty to others, the existence of such
<br />rights shall be disclosed by Owner in the Contract
<br />Documents.
<br />
<br />B. To the fullest extent permitted by Laws and
<br />Regulations, Contractor shall indemnify and hold
<br />harmless Owner and Engineer, and the officers, directors,
<br />partners, employees, agents, consultants and
<br />subcontractors of each and any of them from and against
<br />all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of
<br />or relating to any infringement of patent rights or
<br />copyrights incident to the use in the performance of the
<br />Work or resulting from the incorporation in the Work of
<br />any invention, design, process, product, or device not
<br />specified in the Contract Documents.
<br />
<br />6.08
<br />
<br />Permits
<br />
<br />A. Unless otherwise provided in the Supple-
<br />mentary Conditions, Contractor shall obtain and pay for
<br />all construction permits and licenses. Owner shall assist
<br />Contractor, when necessary, in obtaining such permits
<br />and licenses. Contractor shall pay all governmental
<br />charges and inspection fees necessary for the prosecution
<br />of the Work which are applicable at the time of opening
<br />of Bids, or, if there are no Bids, on the Effective Date of
<br />the Agreement. Owner shall pay all charges of utility
<br />owners for connections for providing permanent service
<br />to the Work.
<br />
<br />6.09
<br />
<br />Laws and Regulations
<br />
<br />A. Contractor shall give all notices required by
<br />and shall comply with all Laws and Regulations applica-
<br />ble to the performance of the Work. Except where
<br />otherwise expressly required by applicable Laws and
<br />Regulations, neither Owner nor Engineer shall be
<br />responsible for monitoring Contractor's compliance with
<br />any Laws or Regulations.
<br />
<br />B. If Contractor performs any Work knowing or
<br />having reason to know that it is contrary to Laws or
<br />Regulations, Contractor shall bear all claims, costs,
<br />losses, and damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to such Work.
<br />However, it shall not be Contractor's primary
<br />responsibility to make certain that the Specifications and
<br />Drawings are in accordance with Laws and Regulations,
<br />but this shall not relieve Contractor of Contractor's
<br />obligations under Paragraph 3.03.
<br />
<br />C. Changes in Laws or Regulations not known at
<br />the time of opening of Bids (or, on the Effective Date of
<br />the Agreement ifthere were no Bids) having an effect on
<br />the cost or time of performance of the Work shall be the
<br />subject of an adjustment in Contract Price or Contract
<br />Times. If Owner and Contractor are unable to agree on
<br />entitlement to or on the amount or extent, if any, of any
<br />such adjustment, a Claim may be made therefor as
<br />provided in Paragraph 10.05.
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright <<:l 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 21
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