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.
6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction
permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses.
CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which
are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective date of the Agreement.
CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of
such utility Owner’s for capital costs related thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the
Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER
shall be responsible for monitoring CONTRACTOR’s compliance with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations,
CONTRACTOR shall bear 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 such Work; however, it shall not be CONTRACTOR’s primary responsibility to make certain
the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR
of CONTRACTOR’s obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject
of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement
to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in
paragraph 10.05.
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