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ARTICLE 9
<br /> OWNER
<br /> ;``� �}The Owner shall fumish all surveys and a legal description of thei site unless included by the Contractor in the Quotation Form.
<br /> �__ Except as provided in Paragraph 10.5,the Owner shall secure and pay for necessary approvals,easements,assessments,
<br /> impact fees,sewer and water fees,and govemmental charges required for the construction,use or occupancy of permanent
<br /> struatures or permanent changes in eXisting facilities. I
<br /> 9.3 If the Contractor fails to correct Defective Work or persistently fai�s to carry out the Work in accordance with the Contract
<br /> Documents,the Owner,by a written order,may order the Contractor to stop the Work,or any portion thereof,until the cause
<br /> for such order has been eliminated;however,this right of the Owner to Stop the Work shall not give rise to any duty on the part
<br /> of the Owner to exerase this right for the benefit of the Contrado�.
<br /> ARTICLE 10
<br /> CONTRACTOR ,
<br /> 10.1 The Contractor shall supervise and direct the Work, using his best skill and attention and he shall be solely responsible for all
<br /> construction means,methods,techniques,sequences and procedures and for coordinating all portions of the Work under the
<br /> Contract(exclusive of any items by Others or by Owner or not speafically included in Quotation Form).
<br /> 102 The Contractor shall provide and pay for all labor,materials,equipment,tools,construction equipment and machinery necessary
<br /> for completion of all items induding as Contractor's responsibilify in Quotation Form.
<br /> 10.3 The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work
<br /> any unfit person or anyone not skilled in the task assigned to him.
<br /> 90.4 The Contractor warrants to the Owner that all materials and equipment incorporated in the Work will be new unless otherwise
<br /> specified,and that all Work will be of good quality,free from faults and defects and in conformance with the Contract Documents.
<br /> All Work not conforming to these requirements may be considered defective.
<br /> 10.5 Unless otherwise provided in the Contract Documents,the Contractor shall pay all sales,consumer,use and other similar taxes
<br /> which are legally enacted at the date of the Contract Documents�.
<br /> 10.6 The Contractor shall secure and pay for the building permit and fi r all other permits and govemmental fees included in the
<br /> Quotation Fortn.
<br /> 10.7 The Contractor shall give all notices and comply with all laws,ordinances,rules,regulations,and lawful orders of any public
<br /> authority bearing on the performance of the Work. I
<br /> 10.8 The Contractor shall be responsible to the Owner for the acts and omissions of his employees,sub-contractors and their agents
<br /> ��, and employees,and other persons performing any of the Work under a contract with the Contracfor.
<br /> r. ,� The Contractor shall review,approve and submit to the Owner all,Plans and Shop Drawings,Product Data and Samples required
<br /> � by the Contract Documents. The Work shall be in acoordance with approved submittals.
<br /> 10.10The Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the
<br /> completion of the Work(included in the Quotation Form)he shall remove all his waste materials and rubbish from the Project as
<br /> well as his tools,construction equipment,machinery and surplus�materials.
<br /> 10.11The Contractor shall pay all royatti�s and license fees. He shall defend�all suits or claims for infingement of any patent rights and
<br /> shall sa�e the Owner harmless from loss on account thereof.
<br /> 90.12To the fullest extent permitted by law,the Contractor shall indem�ify and hold harmless the Owner against claims,damages,
<br /> losses and expenses,including but not limited to attomey's fees arising out of or resulting ftom the performance of the Work
<br /> provided that any such claim,damage,loss or expense(1)is attnbutable to bodily injury,sickness,disease or death,or to injury
<br /> to or destruction of tangible property(other that the Work itselfl including the loss of use resulting therefore,and(2)is caused
<br /> in whole or in part by any negligent ac#or omission of the Contractor,and Subcontractor,anyone diredly or indirectly employed
<br /> by any of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party
<br /> indemnified tiereunder. Such ob1'igation shall not be construed to negate,abridge,or otherwise reduce any other right or
<br /> obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph in any and all claims
<br /> against the Owner by any employer of the Contractor,any Subcontractor,anyone di�ectly or indirectly employed by any of them
<br /> or anyone for whose acts any of them may be liable,the indemnification obligation under this Paragraph shall not be limited in
<br /> any way by any limitation of the amount or type of damages,compensation or benefits payable by or for the Contractor or any
<br /> Subcontractor under worker's ar workman's compensation acts,disability benefit acts or other employee benefit acts.
<br /> ARTICLE�11
<br /> SUBCONTRAC'T`ORS
<br /> 11.1 A Subcontractor is a person or entity who has a direct contracf wit�h the Contractor to perForm any of the Work at the site.
<br /> 11.2 The Contractor shall not employ any Subcontractor to whom the Owner may have a reasonable objection. The Contractor
<br /> shall not be required to contract with anyone to whom he has reasonable objections. Contracts between the Contractor and
<br /> the Subcontractors sh�ll(1)require each Subcontractor,to the extent of the Work to be pertormed by the Subcontractor,to
<br /> be bound to the Contractor by the terms of the Contract Documents,and to assume toward the Contractor all the obligations
<br /> and responsibilities which the Contractor,by these Documents,assumes toward the Owner and(2)allow to the Subcontractor
<br /> � the benefit of all rights,remedies and redress afforded to the Contractor by these Contract Documents. ,
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