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. . ways: (al a field order; (bl ENGINEER's approval of a shop drawing or sample; (cl or ENGINEER's written interpretation or clarification. 11. WARRANTY AND GUARANTY. CONTRACTOR warrants and guarantees to the OWNER and ENGINEER that all work will be in accordance with the Contract Documents and will not be defective. Notice of all defects shall be given to CONTRACTOR. All defective work whether or not in place may be rejected, corrected 1 or accepted. 12. INDEMNIFICATION. CONTRACTOR shall indemnify the state of Colorado against all liability and loss, and against any claims and actions based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with the performance of this Agreement or by conditions created thereby, or based upon violation of any statute, ordinance, or regulation, and the defense of any such claims or actions. CONTRACTOR shall require an iden- tical indemnification of all its SUBCONTRACTORS. 13. MISCELLANEOUS. (a) No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. (b) OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. -5-