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1 <br /> ' 1. abuse, modification, or improper maintenance or operation by persons other than <br /> Contractor, Subcontractors, Suppliers, or any other individual or entity for whom <br /> Contractor is responsible; or <br /> 2. normal wear and tear under normal usage. <br /> C. Contractor's obligation to perform and complete the Work in accordance with the Contract <br /> Documents shall be absolute.None of the following will constitute an acceptance of Work which <br /> is not in accordance with the Contract Documents or a release of Contractor's obligation to <br /> ' perform the Work in accordance with the Contract Documents: <br /> 1. observations by Engineer; <br /> ' 2. recommendation by Engineer or payment by Owner of any progress or final payment; <br /> ' 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related <br /> thereto by Owner; <br /> ' 4. use or occupancy of the Work or any part thereof by Owner; <br /> 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a <br /> ' notice of acceptability by Engineer; <br /> 6. any inspection,test,or approval by others; or <br /> 7. any correction of defective Work by Owner. <br /> 6.20 Indemnification <br /> ' A. To the fullest extent permitted by Laws and Regulations, Contractor and Subcontractor(s) (the <br /> "Indemnitors") shall indemnify and hold harmless Owner and Engineer, and the officers, <br /> ' directors,members,partners, employees, insurers, agents, consultants and subcontractors of each <br /> and any of them (the "Indemnitees") from and against all claims, costs, losses, and damages <br /> (including but not limited to all fees and charges of engineers, architects, attorneys, and other <br /> ' professionals and all court or arbitration or other dispute resolution costs) arising out of,resulting <br /> from, or relating to the Contractor's or its employees', agents' or Subcontractors' (or anyone <br /> directly or indirectly employed by any of them or anyone for whose acts any of them may be <br /> ' liable)actions, activities or omissions,negligent or otherwise, or breach or failure to perform this <br /> Agreement on or near Owner's property or easement, or arising in any way out of, resulting <br /> from, or relating to any of the Work to be performed under this Contract, including, without <br /> ' limitation, claim for bodily injuries, sickness, disease, or death, or to injury to or destruction of <br /> tangible property, or other economic damages such as fines, penalties, or other losses, including <br /> the loss of use resulting therefrom, except such obligation shall not require indemnity in favor of <br /> any party whose negligence solely call such loss. To the extent that any portion of this provision <br /> is deemed contrary to law or to otherwise be unenforceable, the parties agree that such offending <br /> ' portion or portions shall be severed from this provision and the remaining provisions shall be <br /> enforceable to the maximum extent permitted at law. In the event of any conflict in the <br /> construction of this provision, the parties agree that the interpretation requiring the fullest <br /> obligation and indemnity shall prevail. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> ' Page 43 of 81 <br />