incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER
relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1.
F. Resubmittal Procedures
1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as
permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing.
6.19 CONTRACTOR’s General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER’s Consultants that all Work
will be in accordance with the Contract Documents and will not be defective. CONTRACTOR’s warranty and
guarantee hereunder excludes defects or damage caused by:
1. Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR,
Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or
2. Normal wear and tear under normal usage.
B. CONTRACTOR’ obligation to perform and complete the Work in accordance with the Contract Documents shall
be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract
Documents or a release of CONTRACTOR’s obligation to perform the Work in accordance with the Contract
Documents:
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,
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