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maintaining progress of the Project on schedule and to complete the Work and the Project
<br />by the specified Completion Dates. The Contractor shall be prepared to assess progress of
<br />the Work as required in the Contract Documents and to recommend remedial measures for
<br />correction of progress as may be appropriate. The CMAR shall preside as chairman and
<br />arrange for minutes to be taken and circulated.
<br />In the event that the prosecution of the Work is discontinued for any reason, the Contractor
<br />shall notify the CMAR at least forty-eight (48) hours in advance of resuming operations.
<br />Should the terms of the Contract Documents require completion of one or more portions of
<br />the Work for the Beneficial Occupancy of the Owner prior to completion of the entire Work,
<br />the Contractor shall complete such portion(s) of the Work on or before the date specified.
<br />Such completion shall include the obtaining of all government or other permits, permission,
<br />and/or approvals necessary to occupancy. The Contractor shall independently estimate the
<br />difficulties involved in arranging the Work to permit such Beneficial Occupancy and shall
<br />not claim any additional compensation or time extension by reason of any delay or
<br />increased cost due to completing such portion(s) of the Work. The Owner's possession and
<br />use of such portion(s) of the Work shall not be deemed an acceptance of any Work not
<br />completed in accordance with the Contract Documents. The Owner shall be responsible for
<br />the security, maintenance, utilities, and insurance of all portions of the Work completed and
<br />beneficially occupied by the Owner.
<br />7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the
<br />use of any invention, design process, or device which is the subject of patent rights or
<br />copyrights held by others, except for inventions, design processes, or devices specified by
<br />the Designer in the Contract Documents. The Contractor shall indemnify and hold harmless
<br />the CMAR, the Owner, the Designer, and anyone directly employed by any of them, from
<br />and against all claims, damages, losses and expenses, including attorney's fees and costs
<br />of defense, arising out of any infringement or alleged infringement of such rights during or
<br />after completion of the Work, and shall defend all such claims in connection with any actual
<br />or alleged infringement of such rights.
<br />7.13 The Contractor shall secure and pay for all permits, including without limitation construction
<br />permits and licenses, and will pay all governmental charges and inspection fees necessary
<br />for the prosecution of the Work.
<br />7.14 The Contractor shall give all notices and comply with all laws, ordinances, rules, and
<br />regulations applicable to the Work and shall protect and indemnify the CMAR, the Owner,
<br />the Designer, and their respective officials, officers, agents, employees or servants against
<br />any claim or liability arising from or based on the violation of any such law, ordinance,
<br />regulation, order, or decree, whether by the Contractor or by the Contractor's employees,
<br />Subcontractors, sub-subcontractors, or their employees.
<br />7.15 The Contractor shall be responsible for the reasonable and necessary protection and
<br />security of its Work and its property and the property of others at the site, as required by
<br />laws or ordinances governing such conditions, or by custom or sound construction
<br />practices, and shall share such responsibilities for protection of property at the site as may
<br />be directed by the Contract Documents and the CMAR. The Contractor shall be
<br />responsible for any damage to the Owner's property, or that of others, by the Contractor or
<br />the Contractor's employees, Subcontractors, sub-subcontractors, or their employees or
<br />agents, and shall make good such damages. The Contractor shall be responsible for and
<br />pay for any such claims made against the CMAR or the Owner.
<br />7.16 The Contractor shall comply with the Project Safety Program and Public Hazard Control
<br />Plan implemented by the CMAR. The Contractor shall protect existing improvements
<br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 20 of 42 JUNE 2007 EDITION
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