Subcontractors

3. ENGINEER's review and approval of Shop Drawings ments and will not be defective. CONTRACTOR'sor Samples shall not relieve CONTRACTOR from warranty and guarantee hereunder excludes defects orresponsibility for any variation from the requirements of the damage caused by:Contract Documents unless CONTRACTOR has in writingcalled ENGINEER's attention to each such variation at the 1. abuse, modification, or improper maintenance ortime of each submittal as required by paragraph 6.17.D.3 operation by persons other than CONTRACTOR, SubandENGINEER has given written approval of each such contractors, Suppliers, or any other individual or entity forvariation by specific written notatien thereof incorporated in whom CONTRACTOR is responsible; ornr ----- the S...p.ra.ing Or SampleappfelField Order; nor will any approval by ENGINEER 2. normal wear and tear under normal usage.relieve CONTRACTOR from responsibility for complyingwith the requirements of paragraph 6.17.D.l. B. CONTRACTOR's obligation to perform andcomplete the Work in accordance with the ContractF. Resubmittal Procedures Documents shall be absolute. None of the following willconstitute an acceptance of Work that is not in accordance1. CONTRACTOR shall make corrections required by with the Contract Documents or a release ofENGINEER and shall return the required number of cor- CONTRACTOR's obligation to perform the Work inrected copies of Shop Drawings and submit as required new accordance with the Contract Documents:Samples for review and approval. CONTRACTOR shalldirect specific attention in writing to revisions other than the 1. observations by ENGINEER;corrections called for by ENGINEER on previoussubmittals. 2. recommendation by ENGINEER or payment byOWNER of any progress or final payment;2. Excessive Shop Drawing Resublnission: ENGINEERwill record time required by ENGINEER or 3. the issuance of a certificate of Substantial CompletionENGINEER'S Consultants or DESIGNER or by ENGINEER or any payment related thereto by OWN-DESIGNER's Consultants for excessive Submittal review ER;occasioned by CONTRACTOR'S resubmission (in excessof two resubmissions of a required Submittal), caused by 4. use or occupancy of the Work or any part thereof byunverified, unchecked or unreviewed, incomplete, OWNER;inaccurate or erroneous, or nonconforming Submittals.Upon receipt of ENGINEER'S accounting of time and 5. any acceptance by OWNER or any failure to do so;costs, CONTRACTOR will reimburse OWNER for thecharges of ENGINEER or ENGINEER'S Consultants 6. any review and approval of a Shop r..ing or Samlereview for excessive resubmission through set-offs from MubmitlSubmittal or the issuance of a notice of acceptabiltherecommended OWNER payments to CONTRACTOR ity by ENGINEER;as established in paragraph 14.02.D.I.C, of theseSupplementary Conditions. 7. any inspection, test, or approval by others; or6.18 Continuing the Work 8. any correction of defective Work by OWNER.A. CONTRACTOR shall carry on the Work and 6.20 Indemnificationadhere to the progress schedule during all disputes ordisagreements with OWNER. No Work shall be delayed or A. To the fullest extent permitted by Laws andpostponed pending resolution of any disputes or Regulations, CONTRACTOR shall indemnify and holddisagreements, except as permitted by paragraph 15.04 or as harmless OWNER, ENGINEER, ENGINEER's Consul-OWNER and CONTRACTOR may otherwise agree in tants, DESIGNER DESIGNER's Consultants and thewriting.officers, directors, partners, employees, agents, and otherconsultants and subcontractors of each and any of them6.19 CONTRACTOR's General Warranty and from and against all claims, costs, losses, and damagesGuarantee(including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals andA. CONTRACTOR warrants and guarantees to all court or arbitration or other dispute resolution costs)OWNER, ENGINEER, and ENGINEER's Consultants that arising out of or relating to the performance of the Work,all Work will be in accordance with the Contract Docu- provided that any such claim, cost, loss, or damage:EJCDC No. 1910-8 (1996 Edition) 007200-26w/ JJG Modifications (Rev03/06/08)