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on <br />sk_ <br />ing, street improvements and similar construction work, but any damage or loss <br />to property ahall he the sole responsibility of the Contractor until final <br />acceptance of the Work. <br />r <br />If the Owner finds it necessary to occupy or use a portion or portions of the <br />Work prior to substantial completion thereof, such occupancy shall not com- <br />rn mence prior to a time mutually agreed to by the Owner and Contractor and to <br />I which the insurance company or companies providing the property insurance have <br />consented by endorsement to the policy or policies. This insurance shall not <br />M be cancelled or lapsed on account of such partial occupancy. Consent of the <br />Contractor and of the insurance company or companies to such occupancy or use <br />4 shall not be unreasonably withheld. <br />N <br />The Owner and Contractor <br />waive all rights against each other and the <br />Sub- <br />contractors and their agents and employees and against the <br />Engineer and sepa- <br />rate contractors (if any) <br />and their subcontractors' agents <br />and employees, <br />for <br />damages caused by fire or <br />other perils to the extent covered <br />by insurance <br />pro- <br />vided under this section <br />or any other property insurance <br />applicable to <br />the <br />work. <br />6.1.5 Contractural Liability Insurance: To the fullest extent permitted by <br />law, the ^ontractor shall indemnifv and hold harmless the Owner and the Engi- <br />neer and their agents and employees from and against all claims, damages, <br />M losses and expenses, including but not limited to attorneys' fees arising ont <br />of or resulting from the performance of Work provided that any such claim, <br />damage, loss or expense (1) is attributable to bodily injury, sickness, <br />disease or death, or to injury to or destruction of tangible property (other <br />PI Pi than the Work itself) including the loss of use resulting therefrom, and (2) <br />is caused in whole or in part by any negligent act or :mission of the contrac- <br />tor, any Subcontractor, anyone directly or indirectly c-oployed by any of them <br />or anyone for whose acts any of them may he liable, regardless of whether or <br />be not it is caused in part by a party indemnified hereuider. Such obligation <br />shall not he construed to negate, abridge or otherwise. reduce any other right <br />to or obligation of indemnity which would otherwise exist as to any party or <br />Of persoi descrihed in this Section. <br />In any and all claims against the Owner or the fngineei or any of their agents <br />4 or employees by anv omplovee of the Contractor, an, Subcontractor, anyone <br />R+ directly or indirectly employed by any of them or anyo- for whose acts any sf <br />them may be liehle, the indemnification obligation tiler this Section shall <br />t not be limited in any way by any limitation on the smo:,nt or type of damages, <br />to compensation or benefits ;sayable by or for the Contractor or anv Subcontr*ctor <br />+ender worker's or workmen's compensation sctK disa0ility benefit acts or <br />I other employee benefit acts. <br />M h.l .h Minimum _ In_surance Rpqt`.irements_ l.ossev other than those coveted by <br />insurance shall be the sole responsibility if the fontractorsrlf ins�ran.e <br />1 requirements as set forth herein shall be rknrtdere4 to he. minisnim regtsire- <br />r ments only. Any other insurance that may !.t• neces ry to provide adequate <br />coverage must be provided 'sv the Contractors and sh.a:l he their sole respon- <br />+ sihility. <br />{ JM5 - HSOSb <br />t'op�right 19h's <br />Roneat ton, R�,4pne, Ar.derl ik <br />h Associates, {n.:. <br />