2014-378 Planning - J. F. Wilkerson Contracting for Morinaga America Infrastructure Improvements $747,840

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' E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. Owner and Engineer assume no responsibility for ' the overlapping or omission of parts of the Work by various Subcontractors or Suppliers in their subcontracts with the Contractor, as this is solely the Contractor's responsibility. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance 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, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured's or loss payees (and the officers, directors,members,partners, ' employees, agents, 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. This Waiver of Subrogation provision shall survive the completion and/or termination of this Agreement. ' H. As soon as possible, but in no case more than 30 days after receipt of the Notice of Award, and prior to the first application for payment, the Contractor shall provide the Engineer with a list of sub-contractors along with the division of their work. 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. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold ' harmless Owner and Engineer, and the officers, directors,members,partners, employees, agents, consultants and subcontractors 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 Contract Documents, 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 EJCDC C-700 Modified Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 81