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8.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must,if <br /> required by the ENGINEER,be uncovered for its observation and replaced at the <br /> CONTRACTOR'S expense. <br /> 8.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected <br /> or tested by others,the CONTRACTOR,at the ENGINEERS request,will uncover, <br /> expose or otherwise make available for observation,inspection or testing as the <br /> ENGINEER may require,that portion of the WORK in question,furnishing all necessary <br /> labor,MATERIALS,tools,and equipment. If it is found that such WORK is defective, <br /> the CONTRACTOR will bear all the expenses of such uncovering,exposure, <br /> observation,inspection and testing and of satisfactory reconstruction. If,however,such <br /> WORK is not found to be defective,the CONTRACTOR will be allowed an increase in <br /> the CONTRACT PRICE or an extension of the CONTRACT TIME,or both,directly <br /> attributable to such uncovering,exposure, observation,inspection,testing and <br /> reconstruction and an appropriate CHANGE ORDER shall be issued. <br /> 9. SUBSITITUTIONS <br /> 9.1 Whenever a material,article or piece of equipment is identified on the PLANS or <br /> SPECIFICATIONS by reference to brand name or catalogue number,it shall be <br /> understood that this is referenced for the purpose of defining the performance or other <br /> salient requirements and that other products or equal capacities,quality and function shall <br /> be considered. The CONTRACTOR may recommend substitution of a material,article, <br /> or piece of equipment of equal substance and function for those referred to in the name or <br /> catalogue number,and if,in the opinion of the ENGINEER,such material,article or <br /> piece of equipment is of equal substance and function to that specified,the ENGINEER <br /> may approve its substitution and use by the CONTRACTOR. Any cost differential shall <br /> be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall <br /> be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if <br /> substitutes are approved,no major changes in the function or general design of the <br /> PROJECT will result. Incidental changes or extra component parts required to <br /> accommodate the substitute will be made by the CONTRACTOR without a change in the <br /> CONTRACT PRICE or CONTRACT TIME. <br /> 10. MERGED ITEMS <br /> 10.1 The cost of all MATERIALS,labor,equipment,etc.required for the prosecution of the <br /> WORK as specified and/or as shown on the PLANS shall be merged into the BID Prices <br /> for the WORK. <br /> 11. PATENTS <br /> 11.1 The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend <br /> all suites or claims for infringement of any patent rights and save the OWNER harmless <br /> from loss on account thereof,except that the OWNER shall be responsible for any such <br /> loss when a particular process,design,or the product of a particular manufacturer or <br /> manufacturers is specified,however if the CONTRACTOR has reason to believe that the <br /> design,process or product specified is an infringement on a patent,he shall be <br /> responsible for such loss unless he promptly gives such information to the ENGINEER. <br /> GC-6 <br />