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03-12-1984 Council Packet
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03-12-1984 Council Packet
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occupancy. Consent of the Contra- and of the insurance company or <br />companies to such occupancy or use i not be unreasonably withheld. <br />The Owner and Contractor waive all eights against Each other and the <br />Subcontractors and their agents and employees and against the Engineer and <br />separate contractors (if any) and their subcontractors' agents and <br />employees, for damages caused by fire or ocher perils to the extent <br />covered by insurance provided under this section or any other property <br />insurance applicable to the work. <br />8.1.5 Contractural Liability Insurance: To the fullest extent permitted <br />by law, the Contractor shall indemnify and hold harmless the Owner and the <br />Engineer and their agents and employees fr,-)m and against all claims, <br />damages, losses and expenses, including but nit limited to attorneys' fees <br />arising out of or resulting from the performance of Work provided that any <br />such claim, damage, loss or expe,7se (1) is attributable to bodily injury, <br />sickness, disease or death, or to injury to or destruction of tangible <br />property (other than the Work itself) including the loss of use resulting <br />therefrom, and (2) is caused in whole or in pa-t by any negligent act or <br />omission of the Contractor, any Subcontractor, anyone directly or <br />indirectly employed by any of ~_hem or anyone for whose acts any of them <br />may be liable, regardless of whether or not it is caused in part by a <br />party indemnified hereunder. Such obligation shall not be construed to <br />negate, abridge or otherwise reduce any other right or obligation of <br />indemnity which would otherwise exist as to any party or person described <br />in this Section. <br />In any and all claims against the Owner or the Engineer or any of their <br />agents or employees by any employee of the Contractor, any Subcontractor, <br />anyone directly or indirectly employed by any of them or anyone for whose <br />acts any of them may be liable, the indemnification obligation under this <br />Section shall not be limited in any way by any limitation on the amount or <br />type of damages, compensation or benefits payable by or for the Contractor <br />or any Subcontractor under worker's or workmen's compensation acts, <br />disability benefit acts or other employee benefit acts. <br />8.1.6 Minimum Insurance Requirements: Losses other than those covered by <br />insurance shall be the sole responsibility of the Contractors. The <br />insurance requirements as set forth herein shall be considered to be <br />minimum requirements only. Any other insurance t%at may be necessary to <br />provide adequate coverage must be provided by the Contractors and stiall be <br />their sole responsibility. <br />8.2 PATENTS, FEES AND ROYALTIES <br />Contractor shall pay all license fees and royalties <br />dent to the use in the performance of the Work <br />process, product or device which is the subject of <br />held by ethers. If a particular invention, design, <br />is specified in the Contract Documents for use in <br />and assume all costs inci- <br />of any invention, design, <br />patent rights or copyrights <br />process, product or device <br />the performance of the Work <br />- 26 - <br />3526a <br />4!81 <br />
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