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420 Brown Road South - 03-117-23-42-0010
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Project Packet
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whether initially or as a substitute, against whom OWNER or <br />ENGINEER may have reasonabie objection. A Subcontractor <br />or other person or organization identified in writing to <br />OWNER and ENGINEER by CONTRACTOR prior ,o the <br />Notice of Award and not objected to in writing by OWNER <br />or ENGINEER prior to the Notice of .Award will be deemed <br />acceptable to OWNER and ENGINEER. Acceptance of any <br />Subcontractor, other person or organization by OWNER or <br />ENGINEER shall not constitute a waiver of any right of <br />OWNER or ENGINEER . ) reject defective Work. If <br />OWNER or ENGINEER after due investigation has reason- <br />able objection to any Subcontractor, other person or organi- <br />zation proposed by CONTRACTOR after the Notice of <br />Award. CONTRACTOR shall submit an acceptable substi- <br />tute and the Contract Price shall be increased or decreased by <br />the difference in cost occasioned by such substitution, and an <br />appropriate Change Order shall be issued. CONTRACTOR <br />shall not be required to employ any Subcontractor, other <br />person or organization against whom CONTRACTOR has <br />reasonable objection. <br />6.9. CONTRACTOR shall be fully responsible for all acts <br />and omissions of his Subcontractors and of persons and <br />urganizations directly or indirectly employed by them and of <br />,^,ersons and organizations for whose acts any of inem may be <br />liable to the same extent that CONTRACTOR is responsible <br />for the acts and omissions of persons directly employed by <br />CONTRACTOR. Nothing in the Contract Documents shall <br />create any contractual relationship between OWNER or <br />ENGINEER and any Subcontractor or other person or orga- <br />nization having a direct contact with CONTRACTOR. nor <br />shall it create any obligation on the part of ON NER or <br />ENGINEER to pay or it) see to the payment of any moneys <br />due any Subcontractor or other person or organization. <br />except as may otherwise be required by law. OW',•j R or <br />ENGINEER may furnish to ariv Subcontractor or ther <br />person or organization, to the extent practicable, evidence of <br />amounts pnid to CONTk-\(-TOR on account ,)l specific <br />Work done. <br />h. It) The divisions and sections of the Specifications and <br />ie identifications of any Drawings shall not control CON - <br />I RACTOR in dividing the Work among Subcontractors or <br />delineating the Work to be performed by an specific trade. <br />6 11 >II Work performed for CONTRACTOR by a Sub- <br />contractor will be pursuant to an appropriate agreement <br />between CONTRACTOR and the Subcontractor which spect- <br />ficalh binds the Subcontractor to the applicable terms and <br />conditions of the Contract Documents for the benefit of <br />OWNER and ENGINEER and contains waiver provision as <br />-squired by paragraph s.lt). CONTRACTOR shall pav each <br />Subcontractor a just share of any insurance moneys receivni <br />by CONTRACTOR on a. count of losses under policies issued <br />pursuant to paragraphs 3.6 through S.M. <br />Patent fees and Royalties: <br />6.12. CONTRACTOR snail pav all license fees and royal- <br />ties and assume all costs incident to the use in the performance <br />of the Work or the incorporation in the Work of any in%en- <br />14 <br />lion, design, process, product or dev .e which is the subject of <br />patent rights or copyrights held by others. If a particular <br />invention, design, process, product or device is specified in <br />the Contract Documents for use in the performance of the <br />'Aork and if to the actual knowledge of OWNER or ENGI- <br />NEER its use is subject to patent rights or copyrights calling <br />for the payment of any license fee or royalty to others, the ex- <br />istence of such rights shall be disclosed by OWNER in the <br />Contract Documents. CONTRACTOR snail indemnify and <br />hold harmless OWNER and ENGINEER and anyone directly <br />or indirectly employed t+y either of them from and against all <br />claims, damages, losses and expens_s (including attorneys' <br />fees) arising out of any infringement of patent rights or copy - <br />nghts incident to the use in the performance of the Work or <br />resulting from the incorporation in the Work of any inven- <br />non. design, process, product or device not specified in the <br />Contract Documents, and shall defend all such claims in con- <br />nection with and alleged infringement of such rights. <br />Permits: <br />6 13 Unless otheiwise provided in the Supplementary <br />Conditions, CONTRACTOR shall obtain and pay for all ; in- <br />,truction permits and licenses OWtiER shall assist CON- <br />TRACTOR. when necessary, in obtaining such permits and <br />licenses CONTRACTOR ,hall pay all goyernmenta', charges <br />and inspection fees necessary for the prosecution of the Work. <br />which are applicable at the time of opening of Bids. CON- <br />TRACTOR shall pay all charges of utility °ervice companies <br />for connections to the �kork. and OWNER shall pay all <br />charges of such companies for capital _osts related thereto. <br />L.aw.s and Regulations: <br />6.14 CONTRACTOR shall give all notices and comply <br />with all laws, ordinances, rules and regulations applicable to <br />the A ork. If CONTRACTOR ohserves ihat the Specifications <br />or Drawings are at anance therewith. CONTRACTOR shall <br />give ENGINEER prompt wr iten nonce thereof, and any nec- <br />essary changes shall be adiu •ted by an appropriate Stodifica- <br />tion It CONTRACTOR performs any Work knowing or <br />having reason to know that it is contrary to such laws, ordi- <br />nances, rules and regulations, and without such nonce to <br />ENGINEER, CONTRACTOR shall bear all costs arising <br />therefrom: however, a shall not be CONTRACTOR's pri- <br />rnary respinsibility to make certain that the Specifications <br />and Drawings are in accordance with such laws, ordinances. <br />rules and regulations. <br />Taxes: <br />6.15 CONTRACTOR sha, iav all sales. consumer. use <br />and other similar taxes requireu to paid by him in accordance <br />with the law of the place of the Project. <br />Use of P►ernLwr : <br />6.16. CONTRACTOR shall confine construction equip- <br />ment. the storage of materials and equipment and the opera- <br />tion tit workmen to areas permitted by law. ordinances. <br />permus or the req,.,remenis of the Contract Documents, and <br />shall not sonably encumber the premises with construc- <br />tion equipm. — other materials or equipment <br />
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