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Init.
<br />§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
<br />Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against
<br />claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
<br />performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
<br />death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
<br />expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
<br />(other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence
<br />of the party seeking indemnity.
<br />§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings
<br />to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
<br />responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's
<br />fault or negligence in the use and handling of such materials or substances.
<br />§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of
<br />a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
<br />perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's
<br />fault or negligence.
<br />§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for
<br />the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
<br />Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
<br />§ 10.4 EMERGENCIES
<br />In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to
<br />prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor
<br />on account of an emergency shall be determined as provided in Article 15 and Article 7.
<br />ARTICLE 11 INSURANCE AND BONDS
<br />§ 11.1 CONTRACTOR'S LIABILITY INSURANCE
<br />§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
<br />business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims
<br />set forth below which may arise out of or result from the Contractor's operations and completed operations under
<br />the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by
<br />a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
<br />them may be liable:
<br />.1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are
<br />applicable to the Work to be performed;
<br />.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the
<br />Contractor's employees;
<br />.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the
<br />Contractor's employees;
<br />.4 Claims for damages insured by usual personal injury liability coverage;
<br />.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
<br />property, including loss of use resulting therefrom;
<br />.6 Claims for damages because of bodily injury, death of a person or property damage arising out of
<br />ownership, maintenance or use of a motor vehicle;
<br />.7 Claims for bodily injury or property damage arising out of completed operations; and
<br />.8 Claims involving contractual liability insurance applicable to the Contractor's obligations under
<br />Section 3.18.
<br />§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the
<br />Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an
<br />occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the
<br />Work until the date of final payment and termination of any coverage required to be maintained after final payment,
<br />and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction
<br />AIA Document A20111" — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29
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<br />expires on 03/18/2016, and is not for resale.
<br />User Notes: (3B9ADA1 E)
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