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8. Contractor shall perform the Work in compliance with the requirements and <br />commitments set forth in approved Shop Drawings and Samples, subject to the <br />provisions of Paragraph 7.16.D.4. <br />E. Resubmittal Procedures: <br />1. Contractor shall make corrections required by Engineer and shall return the required <br />number of corrected copies of Shop Drawings and submit, as required, new Samples <br />for review and approval. Contractor shall direct specific attention in writing to <br />revisions other than the corrections called for by Engineer on previous submittals. <br />2. Contractor shall furnish required submittals with sufficient information and accuracy <br />to obtain required approval of an item with no more than three submittals. Engineer <br />will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop <br />Drawings, sample, or other item requiring approval, and Contractor shall be <br />responsible for Engineer's charges to Owner for such time. Owner may impose a set- <br />off against payments due to Contractor to secure reimbursement for such charges. <br />3. If Contractor requests a change of a previously approved submittal item, Contractor <br />shall be responsible for Engineer's charges to Owner for its review time, and Owner <br />may impose a set-off against payments due to Contractor to secure reimbursement for <br />such charges, unless the need for such change is beyond the control of Contractor. <br />7.17 Contractor's General Warranty and Guarantee <br />A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the <br />Contract Documents and will not be defective. Engineer and its officers, directors, <br />members, partners, employees, agents, consultants, and subcontractors shall be entitled to <br />rely on Contractor's warranty and guarantee. <br />B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: <br />1. abuse, modification, or improper maintenance or operation by persons other than <br />Contractor, Subcontractors, Suppliers, or any other individual or entity for whom <br />Contractor is responsible; or <br />2. normal wear and tear under normal usage. <br />C. Contractor's obligation to perform and complete the Work in accordance with the Contract <br />Documents shall be absolute. None of the following will constitute an acceptance of Work <br />that is not in accordance with the Contract Documents or a release of Contractor's <br />obligation to perform the Work in accordance with the Contract Documents: <br />1. observations by Engineer; <br />2. recommendation by Engineer or payment by Owner of any progress or final payment; <br />3. the issuance of a certificate of Substantial Completion by Engineer or any payment <br />related thereto by Owner; <br />4. use or occupancy of the Work or any part thereof by Owner; <br />5. any review and approval of a Shop Drawing or Sample submittal; <br />6. the issuance of a notice of acceptability by Engineer; <br />7. any inspection, test, or approval by others; or <br />8. any correction of defective Work by Owner. <br />EJCDC® C-700, Standard General Conditions of the Construction Contract. <br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. Page 36 of 65 <br />