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Work By Third Parties
ARTICLE 7 - WORK BY THIRD PARTIES
7.1 Separate Work By Others. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by utility owners or their contractors or let other direct contracts which shall contain General Conditions similar to these. If the performance of such work is not reasonably indicated by the Contract Documents or is not reasonably inferable therefrom or otherwise inherent in connection with the Work as described by the Contract Documents as such work relates to the overall Project, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 10 and 11. CONTRACTOR shall afford each utility owner or its contractors and any other contractor who is a party to such a direct contract, or OWNER'S employees if OWNER is performing work with its own forces, proper and safe access to the site and reasonable opportunity for the proper, efficient and timely performance of such work and for introduction and storage of materials and equipment, and shall properly connect and coordinate the Work with the work and activities of such other parties. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this Section are for the benefit of and may be directly enforced by such utility owners and other separate contractors to the extent that there are comparable provisions for the benefit of the CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors.
7.2 Inspecting Other Work. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner or OWNER's forces, CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results or that hinder or otherwise impact the Work to be performed by CONTRACTOR. CONTRACTOR's failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in the other work.
7.3 Coordination. CONTRACTOR shall schedule the Work such that it shall cause no delay in the work of the other contractors. ENGINEER will monitor the CONTRACTOR's coordination of its Work with the work of other contractors. Where coordination and scheduling conflicts arise between the WORK and the work of other contractors on the site ENGINEER will provide input to resolve the conflict, but such input or monitoring by the ENGINEER shall not relieve the CONTRACTOR of its obligations in respect of coordination with other contractors. Except as provided in Section 11.4, CONTRACTOR shall have no claim against OWNER for delays, disruptions or hindrances caused by other contractors who may be operating at the site, including without limitation delays resulting from lack of coordination. Should CONTRACTOR cause damage to another contractor or subcontractor employed on the Project, CONTRACTOR agrees to settle with such other contractor or subcontractor by agreement, if the other party will so settle. If such other contractor or subcontractor sues OWNER or ENGINEER on account of damage alleged to have been sustained, OWNER or ENGINEER as applicable, shall notify CONTRACTOR and CONTRACTOR shall bear the cost of defending such proceedings, and if a judgment or award in arbitration against OWNER or ENGINEER arises therefrom, CONTRACTOR shall pay or satisfy said judgment, and pay all cost incurred by OWNER or ENGINEER, including attorney fees.
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