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DocuSign Envelope ID: ACF53DOB- DE31- 493C- AC79- 4B38761278A7
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<br />Subcontractor which shall contain provisions that waive all rights the contracting parties may
<br />have against one another for damages caused by fire or other perils covered by insurance as
<br />provided herein. Insurance monies received from any loss shall be divided as the respective
<br />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 />Contractor and Subcontractors, the terms and conditions of such coverage shall be set forth in
<br />the Supplementary Conditions.
<br />5.3 CONTRACTOR AS JOINT VENTURE
<br />If the Contractor is completing this Project on a joint venture basis, both joint venture partners
<br />retain all liabilities assumed by this Agreement, individually and collectively. This may include,
<br />but is not limited to, all premiums due, deductibles /self- insured retentions, coinsurance
<br />provisions, claim provisions, insurance policy conditions, and indemnification provisions
<br />hereunder.
<br />Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability
<br />and Contractor's Pollution Legal Liability carriers of each joint venture partner for a period of 6
<br />years after completion of the Project, substantially as follows: With respect to "your work ",
<br />and the "products- completed operations hazard ", you are an insured for your liability
<br />arising out of the conduct of any partnership or joint venture of which you were a partner
<br />or member, even though this partnership or joint venture is not shown as a Named
<br />Insured in the Declarations. This coverage is excess over any available liability
<br />purchased specifically to insure the partnership or joint venture. This coverage will not
<br />inure to the benefit of any other party except you."
<br />5.4 INDEMNIFICATION
<br />The Contractor, to the fullest extent not expressly prohibited by law, shall defend, indemnify,
<br />and save harmless the Owner, the Designer, the Construction Manager and their respective
<br />officials, officers, employees, and agents from and against any and all liabilities (foreseeable or
<br />unforeseeable), penalties, fines, liens, forfeitures, demands, claims, causes of actions, suits,
<br />judgments, and costs and expenses incidental thereto, (including, without limitation, amounts
<br />paid pursuant to investigations, defense or settlements, and reasonable attorneys' fees), which
<br />any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of but not
<br />limited to:
<br />a) bodily injury (including sickness, disease, or death) to any person including but not limited to,
<br />the Contractor'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 Contractor or its Subcontractors on or off the site of
<br />the Project or while in transport to or from the site; or
<br />Revised 10/17
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