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ARTICLE 33. Indemnification
<br />33.1 To the fullest extent permitted by law, the Contractor shall indemnify and save harmless, the
<br />Owner and Engineer of and from loss or damage caused to any person or property by reasons of any
<br />carelessness or neglect in the doing or making of this improvement or furnishing of material and by
<br />reason or failure to pay all laborers, materials, mechanics, and subcontractors, and all persons who
<br />shall supply said Contractor with materials, provisions and supplies for the performance and
<br />completion of said Agreement to promptly pay all just debts, dues and demands incurred in the
<br />performance of said Agreement, and of and from all expenses of inspection and/or of whatever kind
<br />of nature, which shall be caused by delay or failure in the performance and completion of this
<br />Agreement, and further to indemnify and save harmless of and from all suits and action of the Owner
<br />and Engineer on account of any injuries or damages sustained by any person or persons by reason of
<br />any act, omission, or negligence or by the use of improper or defective materials on the part of said
<br />Contractor in the performance of any part of this Agreement, and further to indemnify and protect and
<br />save the Owner and Engineer harmless against any or all demands, fees, or royalties for any patented
<br />invention, materials, methods, arrangements, or process of manufacturer of any infringement thereon,
<br />that may be used or be in any manner connected with the construction, erection, or maintenance of
<br />the Work, material, or any part thereon encompassed by this Project.
<br />33.2 The Contractor shall indemnify and hold harmless the Owner and the Engineer and their
<br />agents and employees from and against all claims, damages, losses and expenses including attorney's
<br />fees arising out of or resulting from the performance of the Work, provided that any such claim,
<br />damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to
<br />or destruction of tangible property (other than the Work itself) including the loss of use resulting
<br />therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor,
<br />any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
<br />any of them may be liable, regardless of whether or not it is caused in part by a party indemnified
<br />hereunder.
<br />33.3 In any and all claims against the Owner or the Engineer of any of their agents or employees
<br />by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any
<br />of them or anyone for whose acts any of them be liable, the indemnification obligation under this
<br />Article shall not be limited in any way by any limitation on the amount or type of damages,
<br />compensation or benefits payable by or from the Contractor or any Subcontractor under Worker's
<br />Compensation acts, disability benefit acts or other employee benefit acts.
<br />33.4 The obligations of the Contractor under this Article shall not extend to the liability of the
<br />Engineer, his agents or employees arising out of (a) the preparation or approval or maps, drawings,
<br />opinions, reports, surveys, Change Orders, designs or Plans and Specifications or (b) the giving of or
<br />the failure to give directions or instructions by the Engineer, his agents or employees, provided such
<br />giving or failure to give is the primary cause of injury or damage.
<br />ARTICLE 34. Contract Bonds
<br />The Contractor will furnish performance, payment and maintenance bonds as security for the faithful
<br />performance, payment and maintenance of all his obligations under the Contract Documents. These
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