|
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 /> 32.2 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 /> 32.3 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 /> 32.4 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 33. 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
<br /> bonds shall be in amounts of at least 100% of the Contract Price and in such form and with such
<br /> Sureties as approved by the Securities Exchange and by the Insurance Commissioner of the State in
<br /> which the Project is located. Prior to execution of the Contract Documents, the Owner may require
<br /> the Contractor to furnish such other bonds, in such form and with such Sureties as he may require.
<br /> ARTICLE 34. Insurance
<br /> 34.1 The Contractor shall provide (from insurance companies acceptable to the Owner) the
<br /> insurance coverage designated hereinafter and pay all costs.
<br /> 34.2 Before commencing Work under this Agreement, the Contractor shall furnish the Owner with
<br /> certificates of insurance specified herein showing the type, amount, class of operations covered,
<br /> effective dates, and date of expiration of policies, and containing substantially the following
<br /> GC 23
<br />
|