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8.2 The Contractor covenants that all Work shall be done in a good and workmanlike manner and <br />that all materials furnished and used in connection therewith shall be new and approved by the <br />Engineer, except as otherwise expressly provided for in the Plans and Specifications. <br /> <br />8.3 If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is <br />equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed <br />substitute, the Contractor will, promptly after the Notice of Award, make written application to the <br />Engineer for approval of such a substitute certifying in writing that the proposed substitute will perform <br />adequately the duties imposed by the general design, be similar and/or equal substance to that specified <br />and be suited to the same use and capable of performing the same function as that specified. No <br />substitute shall be ordered or installed without the written approval of the Engineer who shall be the <br />judge of equality. <br /> <br />8.4 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and <br />conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, <br />except as otherwise specifically provided in the Contract Documents. <br /> <br />ARTICLE 9. Errors, Omissions, Etc. <br /> <br />Should it appear that the Work here intended to be done or any of the materials or matters relative <br />thereto are not sufficiently detailed or explained on the Plans or in the Specifications, or should any <br />error, discrepancy or inconsistency appear between any of the Plans and the Specifications, the <br />Engineer shall furnish additional drawings, details or explanations and shall have power to interpret, <br />correct, adjust and explain all errors, omissions, discrepancies, doubts and misunderstandings between <br />such Plans and Specifications, or between several drawings and Specifications, or between several <br />drawings, and the decision of the Engineer therein shall be final and conclusive. <br /> <br />ARTICLE 10. Permits Laws Taxes and Regulations <br /> <br />10.1 The Contractor will secure and pay for all construction permits and licenses and will pay all <br />governmental and public utility charges and inspection fees necessary for the performance of the Work. <br /> <br />10.2 If the Contractor observes that the Specifications or Plans are at variance therewith, the <br />Contractor will give the Engineer prompt written notice thereof, and any necessary changes shall be <br />adjusted by an appropriate modification. If the Contractor performs any of the Work knowing or when <br />with the exercise of due care he should have known, it be contrary to any such laws, ordinances, rules <br />and regulations applicable to said Work and fails to give the Owner or Engineer notice thereof prior to <br />the performance thereof, Contractor shall bear all costs, including reasonable attorney's fees, arising <br />therefrom. Further, Contractor shall observe and abide by and perform all of its obligations hereunder <br />in accordance with all applicable laws, rules and regulations of all governmental authorities having <br />jurisdiction, including the Federal Occupational, Safety and Health Act. Contractor agrees to take <br />affirmative action to not discriminate against any employee or applicant for employment because of <br />race, creed, color or national origin. To the extent applicable, Contractor will comply with all <br />provisions of any executive orders and any rules, regulations, orders, instructions, designations and <br />other directives promulgated by any governmental unit with jurisdiction thereof. Violation of this <br />GC 10 <br /> <br /> <br />