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
2. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any
adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim
may be made therefore as provided in paragraph 10.05.
B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility OWNER
(and OWNER, if OWNER is performing the other work with OWNER?s employees) proper and safe access to the Site
and a reasonable opportunity for the introduction and Storage of materials and equipment and the execution of such
other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents,
CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or
otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not
endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their
work with the written consent of ENGINEER and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other
contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts
between OWNER and such utility OWNERs and other contractors.
C. If the proper execution or results of any part of CONTRACTOR’s Work depends upon work performed by others
under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any
delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and
results of CONTRACTOR’s Work. CONTRACTOR’s failure to so report will constitute an acceptance of such other
work as fit and proper for integration with CONTRACTOR’s Work except for latent defects and deficiencies in such
other work.
7.02 Coordination
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