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SNO-ISLE TECH 2O23 SMALL WORKS
<br />McGRANAHAN ARCHITECTS
<br />Section 00 70 00, Page 22
<br />GENERAL CONDITIONS
<br />3.18 ROYALTIES, PATENTS, COPYRIGHTS, AND OTHER INTELLECTUAL
<br />PROPERTY
<br />3.18.1 The costs involved in fees; royalties or claims for any patented invention, article, process or
<br />method, or any copyright or other intellectual property right that may be used upon or in a manner
<br />connected with the work under this Contract or with the use of completed work by the Owner shall be
<br />paid by the Contractor. The Contractor and its sureties shall protect and hold Owner together with its
<br />officers, agents and employees, harmless against any and all demands made for such fees or claims
<br />brought or made by the holder of any such right. Before final payment is made on the account of this
<br />Contract, the Contractor shall, if requested by the Owner, furnish acceptable proof of a proper release
<br />from all such fees or claims.
<br />Should the Contractor, his agent, servants or employees, or any of them be enjoined from furnishing or
<br />using any invention, article, material or appliances, or any copyrighted item or other item of intellectual
<br />property supplied or required to be supplied or used under the Contract, the Contractor shall promptly
<br />substitute other articles, materials or appliances in lieu thereof of equal efficiency, quality, finish,
<br />suitability, and market value, and satisfactory in all respects to the Owner and Architect. In the event
<br />that the Owner elects, in lieu of such substitution, to have supplied and to retain and use any such
<br />invention, article, material or appliances, or any copyrighted item or other item of intellectual property
<br />as may be required to be supplied by the Contract, the Contractor shall pay such royalties and secure
<br />such valid licenses as may be requisite and necessary for the Owner, its officers, agents, servants and
<br />employees, or any of them to use such invention, article, material or appliance, or any copyrighted item
<br />or other item of intellectual property without being disturbed or in any way interfered with by any
<br />proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the
<br />substitution promptly or to pay such royalties and secure such licenses as may be necessary, then in that
<br />event the Owner shall have the right to make such substitution or the Owner may pay such royalties and
<br />secure such licenses and charge the Contractor even though final payment under the Contract may have
<br />been made.
<br />3.19 INDEMNITY AND DEFENSE
<br />3.19.1 To the maximum extent permitted by law, the Contractor shall be liable for all damages and
<br />injury which shall be caused to owners of property on or in the vicinity of the work or which shall occur
<br />to any person or persons or property whatsoever arising out of the performance of this Contract, whether
<br />or not such damage or injury be caused by negligence of the Contractor and whether or not such damage
<br />or injury be caused by the inherent nature of the work specified.
<br />3.19.2 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the
<br />Owner and Architect and all of their officers, principals, agents and employees harmless from any
<br />liability whatsoever for any injuries to persons or property arising out of the performance of this
<br />Contract; provided, however, that if (and only if) the provisions of RCW 4.24.115 apply to the work and
<br />any such injuries to persons or property arising out of performance of this Contract are caused by or
<br />result from the concurrent negligence of Contractor or its subcontractors, agents or employees, Architect,
<br />and the Owner or its agents or employees, the indemnification applies only to the extent of the negligence
<br />of the Contractor, its subcontractors, agents or employees. The Contractor specifically assumes potential
<br />liability for actions brought by the Contractor's own employees against the Owner and the Architect and
<br />for that purpose the Contractor specifically waives any immunity under the workers compensation act,
<br />mcg-ARC 2120.000 February 28, 2023
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