1. Observations by ENGINEER;
2. Recommendation by ENGINEER or payment by OWNER OF ANY PROGRESS OR FINAL PAYMENT;
3. The issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereof by
OWNER;
4. Use or occupancy of the Work or any part thereof by OWNER;
5. Any acceptance by OWNER or any failure to do so;
6. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by
ENGINEER;
7. Any inspection, test, or approval by others; or
8. Any correction of defective Work by OWNER.
6.20 Indemnification
A. Regardless of the coverage provided by any insurance, Contractor agrees to indemnify and shall defend and hold
harmless the City, its agents, officials, employees and authorized representatives and their employees from and against
any and all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages,
liabilities, interest, attorneys' fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part by reason of any negligent act, omission, or fault or willful misconduct, whether active
or passive, of Contractor or of anyone acting under its direction or control or on its behalf in connection with or
incidental to the performance of this contract. Contractor's indemnity, defense and hold harmless obligations, or
portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the party indemnified
or held harmless.
B. In any and all claims against OWNER or ENGINEER, agents, officers, directors, partners, or employees by any
employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone
for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in
any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for
CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity.
C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER’s Consultants or to the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them arising out of:
The preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys,
Change Orders, designs, or Specifications.
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the Project at the Site by OWNER’s employees, or let other direct
contracts therefore, or have other work performed by utility Owner’s. If such other work is not noted in the Contract
Documents, then:
1. Written notice thereof will be given to CONTRACTOR prior to starting any such other work; and
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