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D. If the Contract requires the Contractor to accept the assignment of a contract entered into
<br />by Owner, then the specific warranties, guarantees, and correction obligations contained in
<br />the assigned contract shall govern with respect to Contractor's performance obligations to
<br />Owner for the Work described in the assigned contract.
<br />7.18 Indemnification
<br />A. To the fullest extent permitted by Laws and Regulations, and in addition to any other
<br />obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and
<br />hold harmless Owner and Engineer, and the officers, directors, members, partners,
<br />employees, agents, consultants and subcontractors of each and any of them from and
<br />against all claims, costs, losses, and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of or relating to the performance
<br />of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily
<br />injury, sickness, disease, or death, or to injury to or destruction of tangible property (other
<br />than the Work itself), including the loss of use resulting therefrom but only to the extent
<br />caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or
<br />any individual or entity directly or indirectly employed by any of them to perform any of
<br />the Work or anyone for whose acts any of them may be liable.
<br />B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
<br />partners, employees, agents, consultants, or subcontractors by any employee (or the
<br />survivor or personal representative of such employee) of Contractor, any Subcontractor,
<br />any Supplier, or any individual or entity directly or indirectly employed by any of them to
<br />perform any of the Work, or anyone for whose acts any of them may be liable, the
<br />indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any
<br />limitation on the amount or type of damages, compensation, or benefits payable by or for
<br />Contractor or any such Subcontractor, Supplier, or other individual or entity under workers'
<br />compensation acts, disability benefit acts, or other employee benefit acts.
<br />C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to
<br />the liability of Engineer and Engineer's officers, directors, members, partners, employees,
<br />agents, consultants and subcontractors arising out of:
<br />1. the preparation or approval of, or the failure to prepare or approve maps, Drawings,
<br />opinions, reports, surveys, Change Orders, designs, or Specifications; or
<br />2. giving directions or instructions, or failing to give them, if that is the primary cause of
<br />the injury or damage.
<br />7.19 Delegation of Professional Design Services
<br />A. Contractor will not be required to provide professional design services unless such services
<br />are specifically required by the Contract Documents for a portion of the Work or unless
<br />such services are required to carry out Contractor's responsibilities for construction means,
<br />methods, techniques, sequences and procedures. Contractor shall not be required to
<br />provide professional services in violation of applicable Laws and Regulations.
<br />B. If professional design services or certifications by a design professional related to systems,
<br />materials, or equipment are specifically required of Contractor by the Contract Documents,
<br />Owner and Engineer will specify all performance and design criteria that such services must
<br />satisfy. Contractor shall cause such services or certifications to be provided by a properly
<br />licensed professional, whose signature and seal shall appear on all drawings, calculations,
<br />specifications, certifications, and other submittals prepared by such professional. Shop
<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 37 of 65
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