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Contractor (and any subcontractor into whose subcontract this clause is <br />incorporated) agrees and acknowledges that Engineer shall be considered a <br />third party beneficiary of those contracts into which this clause has been <br />incorporated; and agrees to assume the entire liability for all personal injury <br />claims suffered by its employees, including without limitation, claims asserted <br />by persons allegedly injured on the Project; waives any limitation of liability <br />defense based on the Workers' Compensation Act, court interpretations of <br />said Act or otherwise; and to the fullest extent permitted by law, agrees to <br />indemnify and hold harmless and defend Owner and Engineer and their <br />agents, employees, and consultants (the "Indemnities ") from and against any <br />such loss, expense, damage or injury, including attorneys' fees and costs that <br />the Indemnitees may sustain as a result of such claims. <br />J b Site Safety/Supervision & Construction Observation: The Engineer shall neither <br />ave control over or charge of, nor be responsible for, the construction means, <br />methods, techniques, sequences of procedures, or for safety precautions and <br />programs in connection with the Work since they are solely the Contractor's rights <br />and responsibilities. The Client agrees that the Contractor shall supervise and direct <br />tie work efficiently with his /her best skill and attention; and that the Contractor shall <br />e solely responsible for the means, methods, techniques, sequences and procedures <br />f construction and safety at the job site. The Client agrees and warrants that this <br />intent shall be carried out in the Client's contract with the Contractor. The Client <br />further agrees that the Contractor shall be responsible for initiating, maintaining and <br />supervising all safety precautions and programs in connection with the work; and <br />Mat the Contractor shall take all necessary precautions for the safety of, and shall <br />provide the necessary protection to prevent damage, injury or loss to, all employees <br />on the subject site and all other persons who may be affected thereby. The Engineer <br />s all have no authority to stop the work of the Contractor or the work of any <br />s ibcontractor on the project. <br />then construction observation services are included in the Scope of Services, the <br />ngineer shall visit the site at intervals appropriate to the stage of the Contractor's <br />peration, or as otherwise agreed to by the Client and the Engineer to: 1) become <br />enerally familiar with and to keep the Client informed about the progress and <br />uality of the Work; 2) to strive to bring to the Client's attention defects and <br />eficiencies in the Work and; 3) to determine in general if the Work is being <br />erformed in a manner indicating that the Work, when fully completed, will be in <br />-cordance with the Contract Documents. However, the Engineer shall not be <br />!quired to make exhaustive or continuous on -site inspections to check the quality or <br />uantity of the Work. If the Client desires more extensive project observation, the <br />lient shall request that such services be provided by the Engineer as Additional and <br />ipplemental Construction Observation Services in accordance with the terms of this <br />greement. <br />The Engineer shall not be responsible for any acts or omissions of the Contractor, <br />s bcontractor, any entity performing any portions of the Work, or any agents or <br />employees of any of them. The Engineer does not guarantee the performance of the <br />Contractor and shall not be responsible for the Contractor's failure to perform its <br />ork in accordance with the Contract Documents or any applicable laws, codes, rules <br />E <br />