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and if to the actual knowledge of Owner or Engineer its use is subject to <br />patent rights or copyrights calling for the payment of any license fee or <br />royalty to others, the existencf of such rights shall be disclosed by Owner in <br />the Contract Documents. Co,:itractor shall indemnify and hold harmless Owner <br />and Engineer and anyone directly or indirectly employed by either of them from <br />and against all claims, damaggs, losses and expenses (including attorneys' <br />fees) arising out of any infringement of patent righ::s or copyrights incident <br />to the use in the performance of t;,e Work or resulting from the incorporation <br />in the Work of any invention, design, process, product or device not specified <br />in the Contract Documents, and shall defend all such claims in connection with <br />any a 3ed infringement of such rights. <br />8.3 PERMITS AND LICENSES <br />All permits and licenses necessary for the prosecution of the Work shall be <br />secured by the Contractor prior to the commencement of the Work. Contractor <br />shall also pay all public utility charges, governmental charges and inspection <br />fees. <br />8.4 LAWS, REGULATIONS AND SAFETY <br />8.4.1 Contractor shall give all notices and comply with all laws, <br />ordinances, rules and regulations applicable to the Work. If Contract-)r <br />observes that the Specifications or Drawings are at variance therewith, he <br />shall give Engineer prompt written notice thereof, and any necessary <br />changes shall be adjusted by an appropriate Change Order or other <br />Modification. If Contractor performs any Work knowing or being in a <br />position to know it to be contrary to such laws, ordinances, rules and <br />regulations, and without such notice to Engineer, he shall bear all costs <br />arising therefrom; however, it shall not be his primary responsibility to <br />make certain that the Specifications and Drawings are in accordance with <br />such laws, ordinances, rules and regulations. <br />8.4.2 Contractor shall be responsible for initiating, maintaining and <br />supervising all safety precautions and programs in connection with the <br />Work. He shall take all necessary precautions fur the safety of, and <br />shall provide the necessary protection to prevent damage, injury or loss <br />to: <br />(a) all employees on the Work and other persons who may be affected <br />thereby; <br />(b) all the Work and all materials or equipment to be incorporated <br />therein, whether in storage on or off the site; and <br />(e) other property at the site or adjacent thereto, including trees, <br />shrubs, lawns, walks, pavements, roadways, structures and utilities not <br />designated for removal, relocation or replacement in the course of <br />construction. <br />- 27 - <br />3426s <br />4/81 <br />