|
28
<br /> 16
<br /> if any, harmless from and against any and all claims, liabilities, liens, losses, damages, causes
<br /> of 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 the Agreement Design-Builder
<br /> acknowledges the receipt of adequate consideration in return for said release.
<br /> f) The Design-Builder further agrees to obtain, maintain, and pay for such liability insurance
<br /> coverages and endorsements as will insure the provisions of this paragraph 5.3. Furthermore,
<br /> the Design-Builder agrees to be liable for and to indemnify and reimburse the Owner for all legal
<br /> fees and disbursements paid or incurred to enforce the provisions of this paragraph. The
<br /> indemnification obligations under this paragraph shall not be limited in any way by the amount
<br /> or type of damages, compensation or benefits payable under worker's compensation acts,
<br /> disability benefit acts, other employment benefit acts, or the amount of insurance carried or
<br /> recovered.
<br /> g) The Owner acknowledges that hazardous or toxic waste, material, chemicals, compounds or
<br /> substances, or other environmental hazards, contamination or pollution, (referred to hereinafter
<br /> as "environmental hazards") may be present at the Project site that were not created,
<br /> generated, or released at the Project site by the Design-Builder or its Subcontractors, agents or
<br /> employees, acting alone or in concert with others. Unless the remediation, abatement or
<br /> handling of such environmental hazards is part of the scope of the Work under the Agreement,
<br /> then upon the discovery of such environmental hazards, the Design-Builder shall immediately,
<br /> and in no event more than three (3) days later, give notice to the Owner of the environmental
<br /> hazards before they are disturbed. The Owner and the Owner's Authorized Representative shall
<br /> thereupon promptly investigate the environmental hazards, and make such changes in the
<br /> Drawings and/or Specifications as they may find necessary to abate, remediate, isolate or
<br /> handle the environmental hazards. Any increase or decrease in the Contract Price or the
<br /> Contract Time resulting from such changes shall be adjusted in the manner provided herein for
<br /> adjustments as to extra and/or additional Work and changes. It is agreed that the Design-
<br /> Builder shall have no liability under the Agreement for any environmental hazards existing prior
<br /> to the date that Work commences under the Agreement unless the Design-Builder or its
<br /> Subcontractors, agents or employees, acting alone or in concert with others, by their own
<br /> negligence or misconduct, release or expose the Owner or third parties to the environmental
<br /> hazards. The provisions of this paragraph shall survive the termination or cancellation or
<br /> completion of the Agreement.
<br /> 5.5 NON-LIMITATION
<br /> The indemnification provisions of this Article 5 shall be supplemented by and in no way limited
<br /> by any additional indemnification requirements of the Contract Documents. In the event of a
<br /> conflict among the terms of any indemnification provision among the Contract Documents the
<br /> provision requiring the greater indemnification of Owner shall control.
<br /> ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS
<br /> 6.1 The Design-Builder shall submit to the Owner's Authorized Representative all Submittals
<br /> required by the Contract Documents. The Design-Builder shall submit at least three (3)
<br /> reproducible prints of all design drawings, specifications,1 and shop drawings. The Design-
<br /> Revised 2/17
<br />
|