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§ 9.10 USE OF SITE
<br /> The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes,
<br /> rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably
<br /> encumber the site with materials or equipment.
<br /> § 9.11 CUTTING AND PATCHING
<br /> The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its
<br /> parts fit together properly.
<br /> § 9.12 CLEANING UP
<br /> The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish
<br /> caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials,
<br /> rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project.
<br /> § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS
<br /> The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement
<br /> of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but
<br /> shall not be responsible for such defense or loss when a particular design, process or product of a particular
<br /> manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are
<br /> contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the
<br /> Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a
<br /> patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the
<br /> Architect.
<br /> § 9.14 ACCESS TO WORK
<br /> The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever
<br /> located.
<br /> § 9.15 INDEMNIFICATION
<br /> § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner,
<br /> Architect, Architect's consultants and agents and employees of any of them from and against claims, damages,
<br /> losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the
<br /> Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
<br /> or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the
<br /> negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
<br /> anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is
<br /> caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce
<br /> other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section
<br /> 9.15.1.
<br /> § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor,
<br /> a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the
<br /> indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages,
<br /> compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts,
<br /> disability benefit acts or other employee benefit acts.
<br /> ARTICLE 10 ARCHITECT
<br /> (Paragraphs deleted)
<br /> § 10.5 The Owner has authority to reject Work that does not conform to the Contract Documents and to require
<br /> inspection or testing of the Work.
<br /> § 10.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such
<br /> as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with
<br /> information given and the design concept expressed in the Contract Documents.
<br /> § 10.7 The Architect may interpret and decide matters concerning performance under, and requirements of, the
<br /> Contract Documents on written request of either the Owner or Contractor. The Architect may make initial decisions
<br /> Init. AIA Document Al07TM' — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of
<br /> Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9
<br /> reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which
<br /> expires on 09/30/2010, and is not for resale.
<br /> User Notes: (1093954413)
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