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available liability purchased specifically to 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
<br />The Contractor, to the fullest extent not expressly prohibited by law, shall defend,
<br />indemnify, and save harmless the CMAR, the Owner, the Designer, and their respective
<br />officials, officers, employees, and agents from and against any and all liabilities
<br />(foreseeable or unforeseeable), penalties, fines, forfeitures, demands, claims, causes of
<br />actions, suits, judgments, and costs and expenses incidental thereto, (including, without
<br />limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable
<br />attorneys' fees), which any or all of them may hereafter suffer, incur, be responsible for, or
<br />pay out as a result of but not limited to:
<br />a) bodily injury (including sickness, disease, or death) to any person including, but not
<br />limited to, the Contractor's employees or its representatives while on the site of the
<br />Project; or
<br />b) actual or alleged. damage (including loss of use) to any property (public or private,
<br />including the Project or other property on the Project site); or
<br />c) contamination of or adverse effects on the environment arising directly or indirectly out
<br />of or in connection with the performance of the Work, including but not limited to any
<br />hazardous or toxic waste, substance, or constituent of any substance 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 Project or while in transport to
<br />or from the site; or
<br />d) any violation or alleged violation of laws and regulations, arising out of or in any way
<br />connected with the Work,
<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 losses resulting from a breach of contract or resulting from negligence,
<br />misconduct or violation of laws on the part of any person indemnified hereunder.
<br />The Contractor further agrees to obtain, maintain, and pay for such liability insurance
<br />coverages and endorsements as will insure the provisions of this paragraph 5.4.
<br />Furthermore, 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 enforce the
<br />provisions of this paragraph 5.4. The indemnification obligations under this paragraph 5.4
<br />shall not be limited in any way by the amount or type of damages, compensation or
<br />benefits payable under worker's compensation acts, disability benefit acts, other
<br />employment benefit acts, or the amount of insurance carried or recovered.
<br />The CMAR acknowledges that hazardous or toxic waste, material, chemicals, compounds
<br />or substances, or other environmental hazards, contamination or pollution, (referred to
<br />hereinafter as "environmental hazards") may be present at the Project site that were not
<br />created, generated, or released at the Project site by the Contractor or its Subcontractors,
<br />agents or employees, acting alone or in concert with others. Unless the remediation,
<br />abatement or handling of such environmental hazards is part of the scope of the Work
<br />under this Agreement, then upon the discovery of such environmental hazards, the
<br />Contractor shall immediately, and in no event more than three days after such discovery,
<br />give notice to the CMAR of the environmental hazards before they are disturbed. The
<br />CMAR, the Owner and the Designer shall thereupon promptly investigate the
<br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 15 of 42 JUNE 2007 EDITION
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