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<br /> Subcontractors performing Work under the Contract Documents. Except as otherwise approved
<br /> by the Owner in writing, Limits of Liability and coverage scope must be at a minimum as
<br /> stringent as required of the Design-Builder by the Contract Documents. All Work performed for
<br /> the Design-Builder by any Subcontractor shall be pursuant to an appropriate agreement
<br /> between the Design-Builder and the Subcontractor which shall contain provisions that waive all
<br /> rights the contracting parties may have against one another for damages caused by fire or other
<br /> perils covered by insurance as provided herein and which shall waive any and all potential
<br /> claims by any Subcontractor or Sub-Subcontractor against Owner. Insurance monies received
<br /> from any loss shall be divided as the respective interest of the parties affected shall appear.
<br /> 5.2 OWNER CONTROLLED PROJECT SPECIFIC INSURANCE
<br /> In the event the Owner elects to purchase project-specific insurance affording coverage to the
<br /> Design-Builder and Subcontractors, the terms and conditions of such coverage shall be set forth
<br /> in the Supplementary Conditions.
<br /> 5.3 INDEMNIFICATION
<br /> The Design-Builder, to the fullest extent not expressly prohibited by law, shall defend,
<br /> indemnify, and save harmless the Owner and its respective officials, officers, employees, and
<br /> agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines,
<br /> liens, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses
<br /> incidental thereto, (including, without limitation, amounts paid pursuant to investigations,
<br /> defense or settlements, and reasonable attorneys'fees), which any or all of them may hereafter
<br /> suffer, incur, be responsible for, or 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 limited to,
<br /> the Design-Builder's employees or its representatives while on the site of the Project; or
<br /> b) actual or alleged damage (including loss of use) to any property (public or private, including
<br /> 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 of or
<br /> in connection with the performance of the Work, including but not limited to any hazardous or
<br /> toxic waste, substance, or constituent of any substance subject to regulation under CERCLA,
<br /> RCRA, TSCA, and other Federal and state authorities that is spilled, released, threatening to
<br /> release, or disposed of or destroyed by the Design-Builder or its Subcontractors on or off the
<br /> site of the Project or while in transport to 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, caused in whole or in part by the Design-Builder, any Subcontractor
<br /> or supplier or any representatives of the Design-Builder. The Design-Builder shall not be
<br /> required to indemnify the Owner against losses resulting from a breach of the Agreement by the
<br /> Owner or its agents, or resulting from negligence, misconduct or violation of laws on the part of
<br /> the Owner or its agents.
<br /> e) upon completion of the Work the Design-Builder shall execute an affidavit, indemnification,
<br /> and release stating there are no unpaid debts for any work that has been done or materials that
<br /> have been furnished to the Project prior to and as of the date of substantial completion and
<br /> further stating that Design-Builder shall indemnify, save and protect Owner and Owner's lender,
<br /> Revised 2/17
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