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Contract Documents and will not be defective.
<br />Engineer and its Related Entities shall be
<br />entitled to rely on representation of
<br />Contractor's warranty and guarantee.
<br />B. Contractor's warranty and guarantee
<br />hereunder excludes defects or damage caused
<br />by:
<br />1. abuse, modification, or improper
<br />maintenance or operation by persons
<br />other than Contractor, Subcontractors,
<br />Suppliers, or any other individual or
<br />entity for whom Contractor is
<br />responsible; or
<br />2. normal wear and tear under normal
<br />usage.
<br />C. Contractor's obligation to perform and
<br />complete the Work in accordance with the
<br />Contract Documents shall be absolute. None
<br />of the following will constitute an acceptance
<br />of Work that is not in accordance with the
<br />Contract Documents or a release of
<br />Contractor's obligation to perform the Work
<br />in accordance with the Contract Documents:
<br />1. observations by Engineer;
<br />2. recommendation by Engineer or payment
<br />by Owner of any progress or final
<br />payment;
<br />3. the issuance of a certificate of Substantial
<br />Completion by Engineer or any payment
<br />related thereto by Owner;
<br />4. use or occupancy of the Work or any part
<br />thereof by Owner;
<br />5. any review and approval of a Shop
<br />Drawing or Sample submittal or the
<br />issuance of a notice of acceptability by
<br />Engineer;
<br />6. any inspection, test, or approval by
<br />others; or
<br />7. any correction of defective Work by
<br />Owner.
<br />6.20 Indemnification
<br />A. 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 />the performance of the Work, provided that
<br />any such claim, cost, loss, or damage is
<br />attributable to bodily injury, sickness, disease,
<br />or death, or to injury to or destruction of
<br />tangible property (other than the Work itself),
<br />including the loss of use resulting therefrom
<br />but only to the extent caused by any negligent
<br />act or omission of Contractor, any
<br />Subcontractor, any Supplier, or any individual
<br />or entity directly or indirectly employed by
<br />any of them to perform any of the Work or
<br />anyone for whose acts any of them may be
<br />liable .
<br />B. In any and all claims against Owner or
<br />Engineer or any of their respective
<br />consultants, agents, officers, directors,
<br />partners, or employees by any employee (or
<br />the survivor or personal representative of such
<br />employee) of Contractor, any Subcontractor,
<br />any Supplier, or any individual or entity
<br />directly or indirectly employed by any of them
<br />to perform any of the Work, or anyone for
<br />whose acts any of them may be liable, the
<br />indemnification obligation under Paragraph
<br />6.20.A shall not be limited in any way by any
<br />limitation on the amount or type of damages,
<br />compensation, or benefits payable by or for
<br />Contractor or any such Subcontractor,
<br />Supplier, or other individual or entity under
<br />workers' compensation acts, disability benefit
<br />acts, or other employee benefit acts.
<br />C. The indemnification obligations of Contractor
<br />under Paragraph 6.20.A shall not extend to
<br />the liability of Engineer and Engineer's
<br />officers, directors, partners, employees,
<br />agents, consultants and subcontractors arising
<br />out of:
<br />1. the preparation or approval of, or the
<br />failure to prepare or approve, maps,
<br />Standard General Conditions
<br />00 72 00-26
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