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Agenda - Council - 09/27/2016
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Agenda - Council - 09/27/2016
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Meetings
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Agenda
Meeting Type
Council
Document Date
09/27/2016
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of any right of Owner or Engineer to reject <br />defective Work. <br />C. Contractor shall be fully responsible to Owner <br />and Engineer for all acts and omissions of the <br />Subcontractors, Suppliers, and other <br />individuals or entities performing or <br />furnishing any of the Work just as Contractor <br />is responsible for Contractor's own acts and <br />omissions. Nothing in the Contract <br />Documents: <br />1. shall create for the benefit of any such <br />Subcontractor, Supplier, or other <br />individual or entity any contractual <br />relationship between Owner or Engineer <br />and any such Subcontractor, Supplier or <br />other individual or entity, nor <br />2. shall anything in the Contract Documents <br />create any obligation on the part <br />of Owner or Engineer to pay or to see to <br />the payment of any moneys due any such <br />Subcontractor, Supplier, or other <br />individual or entity except as may <br />otherwise be required by Laws and <br />Regulations. <br />D. Contractor shall be solely responsible for <br />scheduling and coordinating the Work of <br />Subcontractors, Suppliers, and other <br />individuals or entities performing or <br />furnishing any of the Work under a direct or <br />indirect contract with Contractor. <br />E. Contractor shall require all Subcontractors, <br />Suppliers, and such other individuals or <br />entities performing or furnishing any of the <br />Work to communicate with Engineer through <br />Contractor. <br />F. The divisions and sections of the <br />Specifications and the identifications of any <br />Drawings shall not control Contractor in <br />dividing the Work among Subcontractors or <br />Suppliers or delineating the Work to be <br />performed by any specific trade. <br />G. All Work performed for Contractor by a <br />Subcontractor or Supplier will be pursuant to <br />an appropriate agreement between Contractor <br />and the Subcontractor or Supplier which <br />specifically binds the Subcontractor or <br />Supplier to the applicable terms and <br />conditions of the Contract Documents for the <br />benefit of Owner and Engineer. Whenever <br />any such agreement is with a Subcontractor or <br />Supplier who is listed as an additional insured <br />on the property insurance provided in <br />Paragraph 5.06, the agreement between the <br />Contractor and the Subcontractor or Supplier <br />will contain provisions whereby the <br />Subcontractor or Supplier waives all rights <br />against Owner, Contractor, and Engineer„ and <br />all other individuals or entities identified in <br />the Supplementary Conditions to be listed as <br />insureds or additional insureds (and the <br />officers, directors, partners, employees, <br />agents, consultants and subcontractors of each <br />and any of them) for all losses and damages <br />caused by, arising out of, relating to, or <br />resulting from any of the perils or causes of <br />loss covered by such policies and any other <br />property insurance applicable to the Work. If <br />the insurers on any such policies require <br />separate waiver forms to be signed by any <br />Subcontractor or Supplier, Contractor will <br />obtain the same. <br />6.07 Patent Fees and Royalties <br />A. Contractor shall pay all license fees and <br />royalties and assume all costs incident to the <br />use in the performance of the Work or the <br />incorporation in the Work of any invention, <br />design, process, product, or device which is <br />the subject of patent rights or copyrights held <br />by others. If a particular invention, design, <br />process, product, or device is specified in the <br />Contract Documents for use in the <br />performance of the Work and if to the actual <br />knowledge of Owner or Engineer its use is <br />subject to patent rights or copyrights calling <br />for the payment of any license fee or royalty <br />to others, the existence of such rights shall be <br />disclosed by Owner in the Contract <br />Documents. <br />B. To the fullest extent permitted by Laws and <br />Regulations, Contractor shall indemnify and <br />hold harmless Owner and Engineer, and the <br />officers, directors, partners, employees, <br />agents, consultants and subcontractors of each <br />and any of them from and against all claims, <br />costs, losses, and damages (including but not <br />limited to all fees and charges of engineers, <br />architects, attorneys, and other professionals <br />and all court or arbitration or other dispute <br />resolution costs) arising out of or relating to <br />any infringement of patent rights or <br />Standard General Conditions <br />00 72 00-21 <br />
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