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<br /> execution and completion of the Work, whether tempo- obligation of indemnity which would otherwise exist as to
<br /> rary or permanent and whether or not incorporated or to any party or person described in this Paragraph 10.11. In
<br /> be incorporated in the Work. any and all claims against the Owner or the Architect or
<br /> 103 The Contractor shall at all times enforce strict dis- any of their agents or employees by any employee of the
<br /> cipline and good order, among his employees and shall Contractor, any Subcontractor, anyone directly or indi-
<br /> not employ on the Work any unfit person or anyone not redly employed by any of them or anyone for whose acts
<br /> skilled in the task assigned to him. any of them may be liable, the indemnification obligation
<br /> under this Paragraph 10.11 shall not be limited in any
<br /> 10.4 The Contractor warrants to the Owner and the
<br /> Architect that all materials and equipment incorporated way by any limitation on the amount or type of damages,
<br /> in the Work will be new unless otherwise specified, and compensation or benefits payable by or for the Contractor
<br /> that all Work will be of good quality, free from faults and or any Subcontractor under workers' or workmen's corn-
<br /> defects and in conformance with the Contract Documents. pensation acts, disability benefit acts or other employee
<br /> benefit acts. The obligations of the Contractor under this
<br /> All Work not conforming to these requirements may be
<br /> considered defective. Paragraph 10.11 shall not extend to the liability of the
<br /> 105 Unless otherwise provided in the Contract Docu- Architect, his agents or employees, arising out of (1) the
<br /> reparation or approval of maps, drawings, opinions,
<br /> ments, the Contractor shall pay all sales, consumer, use p or
<br /> and other similar taxes (which are legally enacted at the pow.surveys,change orders, designs or specifications, or
<br /> in-
<br /> time bids are received, and shall secure and pay for the str the giving of or the failure to give directions or in-
<br /> building permit and fo'r all other permits and govern- structians by the Architect, his agents or employees pro-
<br /> building fees, licenses and inspections necessary for the of the such giving or failure to give is the primary cause
<br /> proper execution and completion of the Work. of the injury ar damage.
<br /> 10.6 The Contractor shall give all notices and comply ARTICLE 11
<br /> with all laws, ordinances, rules, regulations, and lawful SUBCONTRACTS
<br /> orders of any public authority bearing on the performance 11.1 A Subcontractor is a person or entity who has a
<br /> of the Work,and shall promptly notify the Architect if the direct contract with the Contractor to perform any of the
<br /> Drawings and Specifications are at variance therewith. Work at the site.
<br /> 10.7 The Contractor shall be responsible to the Owner 11.2 Unless otherwise required by the Contract Docu-
<br /> for the acts and omissions of his employees, Subcontrac- ments or in the Bidding Documents, the Contractor, as
<br /> tors and their agents and employees, and other persons soon as practicable after the award of the Contract, shall
<br /> performing any of the Work under a contract with the furnish to the Architect in writing the names of Subcon-
<br /> Contractor. tractors for each of the principal portions of the Work. . ~`1
<br /> 10.8 The Contractor shell review,approve and submit all The Contractor shall not employ any Subcontractor to J
<br /> Shop Drawings, Product Data and Samples required by whom the Architect or the Owner may have a reasonable
<br /> the Contract Documents. The Work shall be in accord- objection. The Contractor shall not be required to con-
<br /> ance with approved submittals. tract with anyone to whom he has a reasonable objection.
<br /> 10.9 The Contractor at
<br /> 'all times shall keep the premises Contracts between the Contractor and the Subcontractors
<br /> free from accumulation of waste materials or rubbish shall (1) require each Subcontractor, to the extent of the
<br /> caused by his operations. At the completion of the Work Work to be performed by the Subcontractor, to be bound
<br /> he'shall remove all his waste materials and rubbish from to the Contractor by the terms of the Contract Docu-
<br /> and about the Project as well as his tools, construction ments, and to assume toward the Contractor all the obli-
<br /> equipment, machinery and surplus materials. gations and responsibilities which the Contractor,by these
<br /> 10.10 The Contractor shall pay all royalties and license Documents,assumes toward the Owner and the Architect,
<br /> fees. He shall defend all suits or claims for infringement and (2) allow to the Subcontractor the benefit of all rights,
<br /> g remedies and redress afforded to the Contractor by these
<br /> of any patent rights and shall save the Owner harmless Contract Documents.
<br /> from loss on account thereof.
<br /> 10.11 To the fullest extent permitted by law, the Con- ARTICLE 12
<br /> tractor shall indemnify and hold harmless the Owner and WORK BY OWNER OR BY
<br /> the Architect and their agents and employees from and SEPARATE CONTRACTORS
<br /> against all claims, damages, losses and expenses, including 12.1 The Owner reserves the right to perform work re-
<br /> but not limited to attorneys' fees arising out of or result- lated to the Project with his own forces, and to award
<br /> ing from the performance of the Work, provided that any separate contracts in connection with other portions of
<br /> such claim, damage, loss or expense (1) is attributable to the Project or other work on the site under these or simi-
<br /> bodily injury,sickness, disease or death, or to injury to or lar Conditions of the Contract. If the Contractor claims
<br /> destruction of tangible Property (other than the Work it- that delay or additional cost is involved because of such
<br /> self) including the loss of use resulting therefrom, and action by the Owner, he shall make such claim as pro-
<br /> (2) is caused in whole or in part by any negligent act or vided elsewhere in the Contract Documents.
<br /> omission of the Contractor, any Subcontractor, anyone 12.2 The Contractor shall afford the Owner and separate
<br /> directly or indirectly employed by any of them or anyone contractors reasonable opportunity for the introduction
<br /> for whose acts any of them may be liable, regardless of and storage of their materials and equipment and the
<br /> whether or not it is caused in part by a party indemnified execution of their work,and shall connect and coordinate
<br /> hereunder. Such obligation shall not be construed to his Work with theirs as required by the Contract Docu-
<br /> negate, abridge, or otherwise reduce any other right or ments.
<br /> 5 A107-1978 MA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIM)
<br /> © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.
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