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ATTACHMENT Bid/Contract Documents . (Plans, timelines, cost breakdowns and specifications included in bid packages to become part of the Agreement) and completion of the Work. Contractor will not substitute any materials, equipment or fixtures for those referenced in the Specifications, without the prior written consent of Owner. 3.3 Contractor shall at all times enforce strict discipline and good order among his employees and Subcontractors. Contractor and all Contractor employees or Subcontractors performing the Work, are, and will at all times during the Project be, fully certified, where available, by all manufacturers of equipment being installed by Contractor as part of the Project (including with respect to any updates or bulletins available from such manufacturers). 3.4 Contractor shall (i) pay all sales, consumer, use and other similar taxes required by law and (ii) secure all Permits, fees and licenses necessary for the execution of the Work and provide copies thereof to Owner prior to commencement of the Work. 3.5 The Work will be performed in accordance with best industry standards. Contractor shall give all notices to, and comply with all laws, ordinances, rules, regulations and orders of, any public authority bearing on the performance of the Work, and shall promptly notify Owner if the Drawings or Specifications are at variance therewith. 3.6 Contractor shall be responsible for the acts and omissions of its employees and all Subcontractors, their agents and employees, and all other persons performing any of the Work under contract with Contractor. 3.7 Contractor shall review, stamp with his approval and submit all samples and shop drawings, as directed for the approval of Owner, for conformance with the design concept and the information given in the Contract Documents. The Work shall strictly conform to the approved samples and shop drawings. 3.8 Contractor shall at all times keep the Project free from accumulation of waste materials or rubbish caused by its performance of the Work. Upon completion of the Project, it shall remove all of its waste materials and rubbish from and about the Project as well as all tools, construction equipment, machinery and surplus materials and shall clean all glass surfaces and leave the Project "broom clean" or its equivalent. 3.9 Contractor shall indemnify, defend and hold Owner and its agents and employees harmless from and against all claims, damages, liabilities, losses and expenses including attorneys' fees and costs, arising out of or resulting from (i) Contractor's (or any Subcontractor's) failure to comply with the obligations of Contractor as contained in the Agreement or the Contract Documents (including breach of any warranty), (ii) the performance of the Work by Contractor and its Subcontractors, or (iii) the negligence or intentional conduct or omissions of Contractor. or Subcontractors. The indemnity obligations contained herein shall include any claim, damage, losses or expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and which is caused in whole or in part by any act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, REGARDLESS OF WHETHER OR NOT CAUSED IN PART BY THE NEGLIGENCE OF A PARTY INDEMNIFIED HEREUNDER. In any and all claims against Owner or any of its agents or employees by an employee of Contractor, any Subcontractor, anyone directly or 128770 Form 4400158 5/04 GC