|
b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type
<br /> through the purchase of appropriate bonds and insurance as designated in Section 7 above. In
<br /> the event any such lien is filed against Owner's property Contractor shall, through such bonds
<br /> and insurance or at Contractors expense, defend Owner against all such claims of lien.
<br /> c. The Contractor acknowledges that during construction on the Project hazardous or toxic waste,
<br /> material, chemicals, compounds or substances, or other environmental hazards, contamination
<br /> or pollution, (referred to hereinafter as "environmental hazards") may be present at the Project
<br /> site that were not created, generated, or released at the Project site by the Contractor or its
<br /> Subcontractors, agents or employees, acting alone or in concert with others. Unless the
<br /> remediation, abatement or handling of such environmental hazards is part of the scope of the
<br /> Work under this Agreement, then upon the discovery of such environmental hazards, the
<br /> Contractor shall immediately, and in no event more than three (3) days after such discovery,
<br /> give notice to the Owner and Designer of the environmental hazards before they are disturbed.
<br /> The Owner and Designer shall thereupon promptly investigate the environmental hazards, and
<br /> make such changes in the Drawings and/or Specifications as they may find necessary to abate,
<br /> remediate, isolate or handle the environmental hazards. Any increase or decrease in the
<br /> Contract Price or the Contract Time resulting from such changes shall be adjusted in the
<br /> manner provided herein for adjustments as to extra and/or additional Work for any
<br /> environmental hazards existing at, on or in the Project site prior to the date that Work
<br /> commences under this Agreement unless the Contractor or its Subcontractors, agents or
<br /> employees, acting alone or in concert with others, by their own negligence or misconduct,
<br /> release or expose the Owner or third parties to the environmental hazards.
<br /> d. Upon completion of the Work the Contractor shall execute an affidavit, indemnification, and
<br /> release stating there are no unpaid debts for any work that has been done or materials that have
<br /> been furnished to the Project prior to and as of the date of substantial completion and further
<br /> stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any,
<br /> harmless from and against any and all claims, liabilities, liens, losses, damages, causes of
<br /> action, and expenses (including court costs and reasonable attorney's fees related thereto)
<br /> arising out of, in connection with, or resulting from any such claims, liabilities, liens, losses,
<br /> damages, causes of action, or expenses. Such affidavit, indemnification, and release shall be in
<br /> a form and substance acceptable to Owner. By executing this Agreement Contractor
<br /> acknowledges the receipt of adequate consideration in return for said release.
<br /> e. By executing this Agreement Contractor agrees to abide by and be bound by the
<br /> indemnification provisions herein and of Section 8(d) specifically.
<br /> f. The provisions of this Section 8 shall survive the termination or cancellation or completion of
<br /> this Agreement.
<br /> g. The Contractor shall cause each Subcontractor to indemnify and hold harmless the Owner and
<br /> Designer from and against any and all claims, demands, suits, damages, including
<br /> consequential damages and damages resulting from personal injury or property damage, costs,
<br /> and expenses and fees that are asserted against the Owner and Designer and that arise out of or
<br /> result from negligent acts or omissions of the Subcontractors or Contractor or the breach of this
<br /> Agreement by the Contractor, its employees, agents and representatives in performing the
<br /> Work.
<br /> 9. RECORD DOCUMENTS AND SUBMITTALS
<br /> Revised November 2011 8
<br />
|