CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of
any right of OWNER or ENGINEER to reject defective work.
C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship
between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create
any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such
Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.
D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers,
and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with
CONTRACTOR.
E. CONTRACTORshall require all Subcontractors, Suppliers, and such other individuals or entities performing or
furnishing any of the Work to communicate with ENGINEER through CONTRACTOR.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by
any specific trade.
G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to
the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance
provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain
provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER’s Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors, partners, employees, agents, and other consultants and
subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting
from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the
Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
CONTRACTOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of
patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the
Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER
its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by
Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s
Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them
from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or
resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the
Contract Documents.
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