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Construction Contract '
<br /> GENFRAL CONDITIONS
<br /> to eny cause of action in any person not a party hereto. The rights of We Owner set forth in this Paragraph are intended for the protection of the Owner oniy. No �
<br /> xights of ti�e Owncr specified in this Paragraph,nor any action taken by the Owner pursuant to this Paragraph,shall be construed as acceptance by the Owner of any
<br /> delegation of the daties owed by the Contractor W any l6ird party.
<br /> 26. INSPECTION AND USE OF PREMLSES '
<br /> A. The Owner,the Owner`s Representative and all others specified by the Owner shall have safe access to the Work at all times for inspection
<br /> purposes.Nolwithstanding the foregoing,the Owner and the Owner's Representative shall not be responsible for,and will not have control or charge o�consiruction
<br /> means,methods,techniques,sequences or procedures or for safety precautions and progess in connection with the Work,and they shail not be responsible for the �
<br /> Contractor's failure to carry out the Work in accordance with the Contract Docvments.
<br /> B. The Ownu reserves the right to occupy any portion of the Project and operate any equipment that is part of the building without constituting
<br /> acceptance ofthe Contracto�s Work or material involved either in whole or in part,unless thc Owner,in its sole discretion,ea�ressly accepts portions ofthe Project �
<br /> or pieces of equipment by written notice to the Contractor.
<br /> C. The Contractor shall confine ifs apparatus,the storage of mat�ials and the operatious of his workmen to limits indicated by law,ordinances,
<br /> petmits and direc6ons of the Owner's Representative. The Con�actor shall not encumber the premises with its material except for such mataial as is absolutely �
<br /> necessary for the Contractor to pedorm the Work wiUwut interruption and as approved by the Owner's Representative.
<br /> 27. INDEMN3FICATION
<br /> A. To tho fullest extent permitted by law,the Contractor shall indemnify,defend and hold harmless the Ovmer and its rclated c�mpanies from �
<br /> and against all claims,damages,losses and expenses,including,but not limited to economic loss,direct,ind'vect,and consequendat damages,and attomeys'fees
<br /> and expenses,arisingout oforresuhing&omtheperformance ofthe Work,provided that anysuch clsim,damage,Ioss orexpense(I}is altributabteto personal injury,
<br /> bodily injury,siclmess,disease or death,a to injury to or destruction of tangibte property including the loss of use resuldng therefi�oro,and(2)is caused in whole
<br /> or in part by any act or omissioa of the Conuactor,any of its Subcontractors or Sappliers,anyone direcily or indirectly employed by any ofthem or anyone for whose '
<br /> acts any of them may be liable,regardless of whether or not such claim,damage,loss or eacpense is caused in part by the parties indemnified hereunder. The
<br /> Contractor's obligation under this Pazagraph 27 s6all extend to and include liability for the sole,partial,contributory,comparative,or concunent negligence of any
<br /> parties indemni5ed herein and for any other acts or omissior�of those parties other than intentional acts or omissions.The phrase"tangible properiy"as used herein
<br /> includes without limitation damage to the property of the Contractor,all parties indemni5ed herein,or of any tbird party. ,
<br /> B. In any and all claims against the Ovmer or its related companies by any employee ofthe Contractoe,any of its Sube:ontractors or Suppliers,
<br /> anyone dirxtly or indirectly employed by any of them or anyone for whose acts any of them may be liable,ihe indemnification obligation under this Paragaph 27
<br /> shail not be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable by or for the Contractor or any of its �
<br /> Subcontracwcs or Suppliers under workers'compensation acts,disability benefit acts or other empioyce benefit acts.
<br /> C. As part ofthe mdemnrty set forth above and to the fullest extent pecm9tted by law,the Contractor agrees to indemnify and s�ave the Owner and
<br /> its�elated companies harmless from all costs,damages,or expenses,including,but not iimited to,reasonable attomeys'fas and expenses,incumd by any of them
<br /> by virtue of any claim or claims whatscever filed by any of its Subcontractors,Sub-subcontractors,mechanics,laborers,or suppGers,arising from work performed ,
<br /> pursuant to this Conh�act by,through,or under the Conhactor,including without limitation any such costs,damages,or expenses which arise as a result of the partial,
<br /> concurrent,comparative,orcontributorynegligenceofapartyindemnifiedfiereunder,exceptforthesolenegligenceofapartyindemnifiedhereunder.TheContractor
<br /> also hereby agrees to indemnify and hold harmless,protect,and defend the Owner and its related companies from and against any liability,claims,judgments,losses,
<br /> damages,including,but not limited to,direct demages,attomeys'fces,court oosts,and expenses of collection,occasioned in whole or in part by the failure of the ,
<br /> Contractor,its Subcontractors,Sub-subcontractors orSuppliers,m complywiffi anyoftheter[ns orprovisions ofthe ContractDocumenu,inctudingwithout limitation
<br /> tfiis indemnity obligation.
<br /> D. The Contracior aeknowledges the receipt and sufficiency of specifiq valuable considuation and other benefiu aceruing to the Contractor in '
<br /> ezchange for the Contracto�'s obligation to indemnify for damages to persons or property caused by thc sole,partial,contributory,comparative,or concurrent
<br /> negligenceofanypartiesindemnifiodunderthisContract.Thespccificconsiderationincludes,butisnotlimitedto,thefirstfivepercent(5%)ofeachpaymentmade
<br /> to the Contractor urtder this Contract
<br /> E. The indemnifications contained in this Paragraph 27 shell appiy regardless of whether the liabilities sustained were the result of settlementc �
<br /> or contractual or other voluntary forn�s of dispute resolution.
<br /> F. The terms"Own�"and"related companies"as used in this Paragraph 27 include the respective off[cers,directors,agents,s�rvants,employees,
<br /> successors and assigns of the O�mer and its related companies. The term"related compenies"as used in this Paragraph 27 means any endties in which the Ovmer ,
<br /> has controiling or manageriaI interesu or any entities in which the Owner or has ownership interests,and which are in existence at any time betwcen the date of the
<br /> Contract and the Contracwr's acceptance of Final Payment. Such entities include,but are not limited to,corporations,partrierships,arid joint ventures.
<br /> 28. INSURANCE �
<br /> A. Contractor's Liabitiri lnsurance
<br /> 1) Thc Contractor shall purchase from and maintain(or shaU ca�se its Subc:ontracwrs and Sub-subcontractors to purchase from and '
<br /> maintain)with insurance companies satisfactory to Owner,such inccwance as wiU protect the Contractor,Subcontracto�,Sub-subcontractors,Owner,
<br /> Ovmer's mortgagce{ifany),the ground lessor(if any),and all oftheir respecdve o�'ice�,directors,agentc,servants,aad employees,from claims set forth
<br /> below wh�ch may arise out of or result from operations under the Contract by the Owner,by U�e Contractor,by a Subcontractor or Sub-subcontractor,
<br /> by anyone di�ectly or indirect�y employed by any of them,or by anyone for whose acts any of them may be lieble:
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