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F. The divisions and sections of the Specifications and the identifications of any Drawings shall not
<br />control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the
<br />Work to be performed by any specific trade.
<br />G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
<br />appropriate agreement between Contractor and the Subcontractor or Supplier which
<br />specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the
<br />Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is
<br />with a Subcontractor or Supplier who is listed as a loss payee on the property insurance
<br />provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or
<br />Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against
<br />Owner, Contractor, Engineer, and all other individuals or entities identified in the
<br />Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors,
<br />members, partners, employees, agents, consultants, and subcontractors of each and any of
<br />them) for all losses and damages caused by, arising out of, relating to, or resulting from any of
<br />the perils or causes of loss covered by such policies and any other property insurance applicable
<br />to the Work. If the insurers on any such policies require separate waiver forms to be signed by
<br />any Subcontractor or Supplier, Contractor will obtain the same.
<br />6.07 Patent Fees and Royalties
<br />A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
<br />performance of the Work or the incorporation in the Work of any invention, design, process,
<br />product, or device which is the subject of patent rights or copyrights held by others. If a
<br />particular invention, design, process, product, or device is specified in the Contract Documents
<br />for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer,
<br />its use is subject to patent rights or copyrights calling for the payment of any license fee or
<br />royalty to others, the existence of such rights shall be disclosed by Owner in the Contract
<br />Documents.
<br />B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
<br />hatmless Contractor, and its officers, directors, members, partners, employees, agents,
<br />consultants, and subcontractors from and against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of engineers, architects, attorneys, and other
<br />professionals, and all court or arbitration or other dispute resolution costs) arising out of or
<br />relating to any infringement of patent rights or copyrights incident to the use in the performance
<br />of the Work or resulting from the incorporation in the Work of any invention, design, process,
<br />product, or device specified in the Contract Documents, but not identified as being subject to
<br />payment of any license fee or royalty to others required by patent rights or copyrights.
<br />C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
<br />harmless Owner and Engineer, and the officers, directors, members, partners, employees,
<br />agents, consultants and subcontractors of each and any of them from and against all claims,
<br />costs, losses, and damages (including but not limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to any infringement of patent rights or copyrights
<br />incident to the use in the performance of the Work or resulting from the incorporation in the
<br />EJCDC C-700 Standard General Conditions of the Construction Contract
<br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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