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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 any
<br />individual or entity directly or indirectly employed by any of them to perform any of the Work, or
<br />anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph
<br />6.20.A shall not be limited in any way by any limitation on the amount or type of damages,
<br />compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or
<br />other individual or entity under workers' compensation acts, disability benefit acts, or other
<br />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, opinions,
<br />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 services
<br />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 />B. If professional design services or certifications by a design professional related to systems,
<br />materials or equipment are specifically required of Contractor by the Contract Documents, Owner
<br />and Engineer will specify all performance and design criteria that such services must satisfy.
<br />Contractor shall cause such services or certifications to be provided by a properly licensed
<br />professional, whose signature and seal shall appear on all drawings, calculations, specifications,
<br />certifications, Shop Drawings and other submittals prepared by such professional. Shop
<br />Drawings and other submittals related to the Work designed or certified by such professional, if
<br />prepared by others, shall bear such professional's written approval when submitted to Engineer.
<br />C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of
<br />the services, certifications or approvals performed by such design professionals, provided Owner
<br />and Engineer have specified to Contractor all performance and design criteria that such services
<br />must satisfy.
<br />D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and
<br />design drawings will be only for the limited purpose of checking for conformance with
<br />performance and design criteria given and the design concept expressed in the Contract
<br />Documents. Engineer's review and approval of Shop Drawings and other submittals (except
<br />design calculations and design drawings) will be only for the purpose stated in Paragraph
<br />6.17.D.1.
<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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