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<br />GC-16
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<br />with the CONTRACT DOCUMENTS, whether incorporated in the construction or
<br />not, and the CONTRACTOR shall promptly replace and re-execute the WORK in
<br />accordance with the CONTRACT DOCUMENTS and without expense to the OWNER
<br />and shall bear the expense of making good all WORK of other CONTRACTORS
<br />destroyed or damaged by such removal or replacement.
<br />
<br />All removal and replacement WORK shall be done at the CONTRACTOR's expense.
<br />If the CONTRACTOR does not take action to remove such rejected WORK within ten
<br />(l0) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK
<br />and store the materials at the expense of the CONTRACTOR.
<br />
<br />TRADEMARKS, COPYRIGHTS AND PATENTED DEVICES, MATERIALS AND
<br />PROCESSES. It shall be the burden and responsibility of the CONTRACTOR to determine,
<br />before bidding, the existence of any patents, trademarks, or copyrights which are in any ways.
<br />infringed by the drawings and specifications. The CONTRACTOR shall include, or be
<br />considered as having included in the price or prices in his proposal, which becomes a part of
<br />the CONTRACT, a sufficient sum to cover all fees, royalties and claims for any material,
<br />patent rights, machine, appliance, copyright, trademark, or any arrangement that may be used
<br />upon or in any manner connected with or appurtenant to the WORK. If the CONTRACTOR
<br />is required or desires to use any design, device, material, or process covered by letters,
<br />patents, copyrights, or trademarks, be shall provide for such use by suitable written agreement
<br />with the patentee or patent owner, copyright owner, or trademark owner, which agreement
<br />shall provide that there will be no future or continuing royalties or payments by the
<br />CONTRACTOR or by the OWNER. The CONTRACTOR and the surety shall, at all times,
<br />defend, save harmless, and indemnify the OWNER, its officers, agents, and employees from
<br />and against all such fees, royalties, and claims or suits in connection therewith by reason of
<br />any infringement or alleged infringement of such patent rights, copyrights, or trademark rights.
<br />
<br />The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend all
<br />suites or claims for infringement of any patent rights and save the OWNER and ENGINEER
<br />harmless from loss on account thereof, except that the OWNER shall be responsible for any
<br />such loss when a particular process, design, or the product of a particular manufacturer or
<br />manufacturers is specified, however if the CONTRACTOR has reason to believe that the
<br />design, process or product specified is an infringement of a patent, he shall be responsible for
<br />such loss unless he promptly gives such information to the ENGINEER or OWNER.
<br />
<br />SAFETY OF PUBLIC AND WORKERS. the CONTRACTOR will be responsible for
<br />inidating, maintaining and supervising all safety precautions and programs in connection with
<br />the WORK. He will take all necessary precautions for the safety of, and will provide the
<br />necessary protection to prevent damage, injury or loss to all employees on the WORK and
<br />other persons who may be affected thereby, all the WORK and all materials or equipment to
<br />be incorporated therein, whether in storage on or off the site, and other property at the site or
<br />adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
<br />utilities not designated for removal, relocation or replacement in the course of construction.
<br />
<br />The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and
<br />orders of any public body having jurisdiction. He will erect and maintain, as required by the
<br />conditions and progress of the WORK, all necessary safeguards for safety and protection. He
<br />will notify owners of adjacent utilities when prosecution of the WORK may affect them. The
<br />
<br />III-I 4
<br />(1723 - I /91f)
<br />
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