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6. any inspection, test, or approval by others; or
<br />7. any correction of defective Work by Owner.
<br />6.20 Indemnification
<br />A. 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 the performance of the Work, provided that any
<br />such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or
<br />to injury to or destruction of tangible property (other than the Work itself), including the loss of
<br />use resulting therefrom but only to the extent caused by any negligent act or omission of
<br />Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly
<br />employed by any of them to perform any of the Work or anyone for whose acts any of them
<br />may be liable .
<br />B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
<br />partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or
<br />personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or
<br />any individual or entity directly or indirectly employed by any of them to perform any of the
<br />Work, or anyone for whose acts any of them may be liable, the indemnification obligation under
<br />Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of
<br />damages, compensation, or benefits payable by or for Contractor or any such Subcontractor,
<br />Supplier, or other individual or entity under workers' compensation acts, disability benefit acts,
<br />or other employee benefit acts.
<br />C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the
<br />liability of Engineer and Engineer's officers, directors, members, partners, employees, agents,
<br />consultants and subcontractors arising out of:
<br />1. the preparation or approval of, or the failure to prepare or approve maps, Drawings,
<br />opinions, reports, surveys, Change Orders, designs, or Specifications; or
<br />2. giving directions or instructions, or failing to give them, if that is the primary cause of the
<br />injury or damage.
<br />6.21 Delegation of Professional Design Services
<br />A. Contractor will not be required to provide professional design services unless such services are
<br />specifically required by the Contract Documents for a portion of the Work or unless such
<br />services are required to carry out Contractor's responsibilities for construction means, methods,
<br />techniques, sequences and procedures. Contractor shall not be required to provide professional
<br />services in violation of applicable law.
<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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