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6.19 Contractor's General Warranty and Guarantee <br />A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the <br />Contract Documents and will not be defective. Engineer and its officers, directors, members, <br />partners, employees, agents, consultants, and subcontractors shall be entitled to rely on <br />representation of Contractor's warranty and guarantee. <br />B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: <br />1. abuse, modification, or improper maintenance or operation by persons other than Contractor, <br />Subcontractors, Suppliers, or any other individual or entity for whom Contractor is <br />responsible; or <br />2. normal wear and tear under normal usage. <br />C. Contractor's obligation to perform and complete the Work in accordance with the Contract <br />Documents shall be absolute. None of the following will constitute an acceptance of Work that is <br />not in accordance with the Contract Documents or a release of Contractor's obligation to perform <br />the Work in accordance with the Contract Documents: <br />1. observations by Engineer; <br />2. recommendation by Engineer or payment by Owner of any progress or final payment; <br />3. the issuance of a certificate of Substantial Completion by Engineer or any payment related <br />thereto by Owner; <br />4. use or occupancy of the Work or any part thereof by Owner; <br />5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice <br />of acceptability by Engineer; <br />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, agents, <br />consultants and subcontractors of each and any of them from and against all claims, costs, losses, <br />and damages (including but not limited to all fees and charges of engineers, architects, attorneys, <br />and other professionals and all court or arbitration or other dispute resolution costs) arising out of <br />or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is <br />attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible <br />property (other than the Work itself), including the loss of use resulting therefrom but only to the <br />extent caused by any negligent act or omission 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. <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 33 of 62 <br />