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<br />EXHIBIT VIII-J, Cont.
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<br />7. Inspection and Testing of Materials
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<br />(a) All materials and equipment used in the construction of the project shall be subject to
<br />adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency
<br />shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as part
<br />of the contract.
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<br />(b) Materials of construction, particularly those upon which the strength and durability of the
<br />structure may depend, shall be subject to inspection and testing to establish conformance with specifications
<br />and suitability for uses intended.
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<br />8. "Or Equal" Clause
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<br />Whenever a material, article or piece of equipment is identified on the plans or in the specifications by
<br />reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely
<br />to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which
<br />will perform adequately the duties imposed by the general design will be considered equally acceptable
<br />provided the material, artici'3. or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal
<br />substance and function. It shall not be purchased or installed by the contractor without the
<br />Architect/Engineer's written approval.
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<br />9. Patents
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<br />(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
<br />employees harmless from liability of any nature or kind, including cost and expenses for, or on account of,
<br />any patented or unpatented invention, process, article, or appliance manufactured or used in the performance
<br />of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract
<br />Documents.
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<br />(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is
<br />authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his
<br />authorized licensee, direct by the Owner and not by or through the Contractor.
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<br />(c) If the Contractor uses any design, device or materials covered by letters, patent or copyright,
<br />he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design,
<br />device or material. It is mutually agreed and understood, that. without exception, the contract prices shall
<br />include all royalties or costs arising from the use of such design, device or materials, in any way involved in
<br />the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from
<br />any and all claims for infringement by reason of the use of such patented or copyrighted design, device or
<br />materials or any trademark or copyright in connections with work agreed to be performed under this contract,
<br />and shall indemnify the Owner for any cost, expense or damage which it may be obligated to pay by reason
<br />of such infringement at any time during the prosecution of the work or after completion of the work.
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<br />10. Surveys, Permits, and Regulations
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<br />Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all
<br />surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses
<br />and approvals necessary for the execution of his contract.
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<br />The Contractor shall comply with all laws, ordinances, rules, and regulations relating to performance of the
<br />work, the protection of adjacent property, and the maintenance of passageways, guard fences or other
<br />protective facilities.
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<br />11. Contractor's Obligations
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<br />The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies
<br />and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified,
<br />necessary or proper to perform and complete all the work required by this contract, within the time herein
<br />specified, in accordance with the provisions of this contract and said specifications and in accordance with
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<br />VIII-J-5
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<br />(Revlsed5199)
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