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available liability 'insure the partnership or joint venture. This
<br />coverage will not inure to the benefit of any other party except you. "
<br />5.5 INDEMNIFICATION
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<br />Th� Contractor,. bl the fullest extent not prohibited -bv haw, -shall defmnd.
<br />Indemnify, and save harmless the CMAR, the Owner, the Designer, 'and their respective
<br />officials, officers, emp|oyeee, and agents from and against any and all. U�bi|\t|oa
<br />UbPaneeab|eorunforeoeeeb|e\. penalties, fines, forfeitures, donmanda, ciobns.'couoee of
<br />actions, suits, -judgments, and costs and expenses incidental thereto, (including,: without
<br />limitation, amounts paid pursuant to investigations, defense or settlements, andreasonable
<br />attorneys' feaa). which any or all of them may herea�ereuer. �iOour.bareaponoib\efor.or,
<br />pay out ona result of but not limited to:
<br />sA bodily injury sickness., disease, or death) to any person |' Ud'ng. but not
<br />limited to. the Contractor's employees or its representatives mh(ka on the site of the
<br />Project; or
<br />b) actual or alleged damage (including loss of (public or' pri *
<br />including the Project or other property on the Project site); r.
<br />`
<br />d contamination ofor adverse effects oD the environment arising directiv`'
<br />or Indirectly out
<br />`oforin connection with the performance ofthe Work, includi but not |i itedto any
<br />hazardous or toxic waste, substance, or constituent of any pUbstance subject. to
<br />regulation under CERCLA, RCRA, TSCA, and other Federal and state authorities that
<br />is spilled, released, threatening to release,* or disposed. of - or *destroyed . by. the
<br />Contractor or its Subcontractors on or off the site of the Projector while- in transpc�rt to
<br />or from the site; or
<br />d) any violation or alleged violation of laws and regV|oOona, ghmiOg outofor in any way connoctedvWththeVVork, ` �'
<br />caused in whole or in part by the Contractor, any Subcontractor or. supplier or. any
<br />representatives of the Contractor. The Contractor shall not be required to indemnify any
<br />person against {000em resulting from o breach of contract 'or 'resulting from' negligence,.
<br />misconduct or violation of laws an the part of any person indemnified hereunder.
<br />'
<br />The Contractor further agrees to obtain, nnaintain, and pay for such liab-lilty insurance
<br />coverages and endorsements as will insure the provisions of.thia -parognaph 5.4.
<br />Furthermorn,.the Contractor agrees to be liable for and to indemnify and reimburse the
<br />CMAR and the Owner for all legal fees and disbursements paid or.incurred to'ehforce.the
<br />provisions of this paragraph 5.4. The indemnification obligations under this.porognaphG.4
<br />shall not be limited in any way by the amount or type of damages.," co' m pene��on or
<br />benefits payable under workers compensation oota.. disability. 'benefit a' �tn, other
<br />employment benefit acts, or the amount of insurance carried orrecovered.
<br />The CMAR acknowledges that hazardous or toxic vvaate,nnctahm. - . k:als.00mpoundn
<br />or ouUatoncea, or other environmental hozorda, contamination or ooUutkzn. to
<br />hereinafter as "environmental hazards") may be present at the Project site that were not
<br />created, generated, orreleased at the Project oite by the Contractor or its Subcontractors,
<br />agents or mmp|oyeea, acting alone or in concert with others. Un|aam the named|oelon,
<br />abatement or handUng of such environmental hazards'. is part of the' arop6of the Work
<br />under this Aonaamant, than upon the discovery of such nnvinonmnenta| hazards,' the
<br />Contractor shall imrnmdieta|y, and in no event more than,three days after aboh discovery,
<br />give notice to the CNYAR of the * env|ronmente| hazards before. they are disturbed. -lFhe�
<br />'(�K�AR.. tho�[jmmer and`�the DaoiQn�r mhaU thmnau�o��pnonloUY'investgcde the
<br />GENERAL CONDITIONS FOR CMA[ RISK PROJECT .15of42 � � �E �
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