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B. In any and all claims against Owner or Engineer or any of their officers, directors, members, ,
<br /> partners,employees, agents, consultants, or subcontractors by any employee (or the survivor or
<br /> personal representative of such employee)of Contractor,any Subcontractor, any Supplier,or any
<br /> individual or entity directly or indirectly employed by any of them to perform any of the Work, '
<br /> or anyone for whose acts any of them may be liable, the indemnification obligation under
<br /> Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of
<br /> damages, compensation, or benefits payable by or for Contractor or any such Subcontractor,
<br /> Supplier, or other individual or entity under workers' compensation acts, disability benefit acts,
<br /> and Contractor expressly waives any right to any such limitation. Contractor shall include in any
<br /> and all subcontracts a provision requiring each Subcontractor to likewise waive any limitation on '
<br /> amount or type of damages, compensation, or benefits payable for or to the Subcontractor under
<br /> workers' compensation acts,disability benefit acts, or other employee benefit acts.
<br /> C. Contractor's indemnity obligations under this Paragraph 6.20 shall also specifically include, '
<br /> without limitation, all fines, penalties, damages, liability, costs, expenses (including, but not
<br /> limited to, reasonable fees and charges of engineers, architects, attorneys, and other '
<br /> professionals, and all court or mediation or other dispute resolution costs), and punitive damages
<br /> (if any) arising out of, or in connection with, any (i) violation of or failure to comply with any
<br /> law, statute, ordinance, rule, regulation, code, or requirement of a public authority that bears '
<br /> upon the performance of the Work by Contractor, a Subcontractor, or any person or entity for
<br /> whom either is responsible, specifically including, but not limited to, any violations of the
<br /> federal Occupational Safety and Health Act(as applied in the state in which the Project is located '
<br /> or any of the Work is performed) or the safety requirements under Article 6 of these Modified
<br /> General Conditions; (ii) means, methods, procedures, techniques, or sequences of execution or
<br /> performance of the Work; and (iii) failure to secure and pay for permits, fees, approvals, '
<br /> licenses, and inspections as required under the Contract Documents, or any violation of any
<br /> permit or other approval of a public authority applicable to the Work, by Contractor,
<br /> Subcontractor, or any person or entity for whom either is responsible. ,
<br /> D. Contractor shall indemnify and hold harmless all of the Indemnities from and against any and all
<br /> costs and expenses (including, but not limited to, reasonable fees and charges of attorneys) '
<br /> incurred by any of the Indemnities in enforcing any of Contractor's defense, indemnity, and
<br /> hold-harmless obligations under this Contract. '
<br /> E. No contention by Contractor that a certain claim is beyond its indemnity obligations herein
<br /> required shall relieve Contractor of the obligation to provide indemnity until final judgment by a
<br /> court of competent jurisdiction holding that there exists no duty on the part of Contractor to '
<br /> undertake any indemnity obligation under the circumstances of any particular claim.
<br /> 6.21 Delegation of Pro.fessional Design Services '
<br /> A. Contractor will not be required to provide professional design services unless such services are
<br /> specifically required by the Contract Documents for a portion of the Work or unless such '
<br /> services are required to carry out Contractor's responsibilities for construction means, methods,
<br /> techniques, sequences and procedures or safety precautions and programs in connection with the
<br /> Work. '
<br /> B. If professional design services or certifications by a design professional related to systems,
<br /> materials or equipment are specifically required of Contractor by the Contract Documents, '
<br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract
<br /> Copyright(D 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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