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<br /> WASTE MANAGEMENT
<br /> authorized, all streets, access streets, driveways, and walkways shall be kept clean and open at
<br /> all times.
<br /> 3.20.2 Failure of Contractor to maintain a clean site, including access to streets, will be the basis for
<br /> Owner to issue a written notice of non-compliance with the Agreement. Should that notice to
<br /> correct not be complied with within 24 hours, Owner may authorize the necessary clean-up to be
<br /> performed by others and the cost of such clean-up may be deducted from moneys due Contractor.
<br /> 3.20.3 Unless otherwise provided in the Contract Documents, Contractor is responsible for disposal of
<br /> all waste materials and other excess materials resulting from Contractor's operations in
<br /> compliance with Applicable Laws.
<br /> 3.21 Access to Work and Information
<br /> 3.21.1 Contractor shall provide Owner, Owner's Design Professional, Subconsultants, and
<br /> governmental agencies with jurisdictional authority, access to the Work in preparation and in
<br /> progress wherever located. Contractor shall provide proper and safe conditions for such access.
<br /> 3.21.2 Contractor shall promptly furnish to the Owner's Authorized Representative, upon request, any
<br /> information Owner may require respecting the character of the Products and the progress and
<br /> manner of the Work, including information necessary to determine the cost of the Work.
<br /> 3.22 Royalties, Patents, and Trade Secrets
<br /> 3.22.1 Unless otherwise provided in the Contract Documents, Contractor shall, at its cost, procure any
<br /> license or permit which is required for the use of any patented invention, article, process, or
<br /> means, method, or instrumentality wrought into, used in, upon, or in any way or manner
<br /> connected with the construction, erection, or maintenance of the Work or any part thereof as
<br /> embraced in the Agreement. Contractor shall pay all fees or royalties required for any such use
<br /> or license. Such fees shall, unless otherwise provided in these Contract Documents, be included
<br /> in the Contract Price. Contractor shall indemnify Owner from Contractor's failure to comply with
<br /> this requirement in accordance with this Article 3.
<br /> 3.22.2 Alleged ownership by Contractor of trade secrets as to Products used in the Work, or the
<br /> preparation of any mixture for the Work, shall not be recognized by Owner in the performance of
<br /> the Agreement, and Contractor waives any such Claim. Owner shall at all times have the right to
<br /> demand and Contractor shall furnish complete information concerning materials or samples of
<br /> ingredients of any materials used or proposed to be used in preparation of the concrete placed
<br /> or other Work to be done. Mixtures once agreed on shall not be changed in any manner without
<br /> the knowledge and consent of Owner. Owner will make commercially reasonable efforts to
<br /> protect the confidentiality of such proprietary information if Contractor has advised Owner that the
<br /> information is confidential.
<br /> 3.23 INDEMNIFICATION
<br /> 3.23.1 GENERAL INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS
<br /> OTHERWISE PROVIDED IN ARTICLES 3.23.2, 3.23.3 AND 3.23.4, CONTRACTOR SHALL
<br /> DEFEND WITH COUNSEL ACCEPTABLE TO OWNER, INDEMNIFY,AND HOLD HARMLESS
<br /> THE INDEMNITEES AGAINST ALL CLAIMS, DAMAGES (ECONOMIC OR OTHERWISE),
<br /> LOSS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND
<br /> CONSEQUENTIAL DAMAGES, TO THE EXTENT THEY ARISE OUT OF, RELATE TO OR
<br /> RESULT FROM THE BREACH OF ANY OBLIGATION OR WARRANTY EXRESSED OR
<br /> IMPLIED UNDER THE AGREEMENT AND/OR THE PERFORMANCE OF THE WORK,
<br /> INCLUDING WITHOUT LIMITATION THE VIOLATION OF ANY APPLICABLE LAWS, ANY
<br /> NEGLIGENT ACT OR OMISSION OR ANY INTENTIONAL ACT OR OMISSION, BY
<br /> CONTRACTOR, OR ANY OF ITS SUBCONTRACTORS, OR ANY OF THEIR AGENTS OR
<br /> EMPLOYEES. CONTRACTOR SHALL HAVE SUCH OBLIGATION IRRESPECTIVE OF
<br /> WHETHER ANY SUCH DAMAGE IS CAUSED BY OR ALLEGED TO BE CAUSED IN WHOLE
<br /> OR IN PART BY AN INDEMNIFIED PARTY'S SOLE OR CONCURRENT NEGLIGENCE OR
<br /> STRICT LIABILITY (INCLUDING LIABILITY RELATING TO THE PERFORMANCE OR
<br /> 17 Jun-17
<br /> Ver.2.0
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