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specify the performance and design criteria that such services must satisfy.The Contractor shall cause such services <br /> or certifications to be provided by an appropriately licensed design professional.If no criteria are specified,the <br /> design shall comply with applicable codes and ordinances,Each Party shall be entitled to rely upon the information <br /> provided by the other Party.The Architect will review and approve or take other appropriate action on submittals for <br /> the limited purpose of checking for conformance with information provided and the design concept expressed in the <br /> Contract Documents.The Architect's review of Shop Drawings,Product Data,Samples,and similar submittals shall <br /> be for the limited purpose of checking for conformance with information given and the design concept expressed in <br /> the Contract Documents.In performing such review,the Architect will approve,or take other appropriate action <br /> upon,the Contractor's Shop Drawings,Product Data,Samples,and similar submittals. <br /> §9.10 Use of Site <br /> The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances,codes, <br /> rules and regulations,lawful orders of public authorities,and the Contract Documents and shall not unreasonably <br /> encumber the site with materials or equipment. <br /> §9.11 Cutting and Patching <br /> The Contractor shall be responsible for cutting,fitting,or patching required to complete the Work or to make its <br /> parts fit together properly. <br /> §9.12 Cleaning Up <br /> The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish <br /> caused by operations raider the Contract.At completion of the Work,the Contractor shall remove waste materials, <br /> rubbish,the Contractor's tools,construction equipment,machinery,and surplus material from and about the Project. <br /> §9.13 Access to Work <br /> The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever <br /> located. <br /> §9.14 Royalties,Patents and Copyrights <br /> The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement <br /> of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but <br /> shall not be responsible for defense or loss when a particular design,process,or product of a particular manufacturer <br /> or manufacturers is required by the Contract Documents or where the copyright violations are contained in <br /> Drawings,Specifications or other documents prepared by the Owner or Architect.However,if an infringement of a <br /> copyright or patent is discovered by,or made known to,the Contractor,the Contractor shall be responsible for the <br /> loss unless the information is promptly furnished to the Architect. <br /> §9.15 Indemnification <br /> §9.15.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner, <br /> Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages, <br /> losses and expenses,including but not limited to attorneys'fees,arising out of or resulting from performance of the <br /> Work,provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death, <br /> or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the <br /> negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them,or <br /> anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss,or expense is <br /> caused in part by a party indemnified hereunder.Such obligation shall not be construed to negate,abridge,or reduce <br /> other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section <br /> 9.15.1. <br /> §9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, <br /> a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,the <br /> indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, <br /> compensation or benefits payable by or for the Contractor or Subcontractor under workers'compensation acts, <br /> disability benefit acts or other employee benefit acts. <br /> Init AW Documera A104"-2017(formerly A107TM -2007).Copyright®1936 1951 1958 1961,1963 1966,1970,1974 1978 1987 1997,2007 and 2017 by <br /> The American Institute of Architects Ali rights reserved _ _ .:, :., - 12 <br /> This document was produced by AIA software at 17:15:49 CT on 06128/2022 under Order No.2114240266 <br /> which expires on 0913012022,is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documentse Terms <br /> of Service.To report copyright violations,e-mail copyright@aia.org. <br /> User Notes: (3B9ADA43) <br />