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DocuSign Envelope ID:C2063C1A-926C-4144-9830-38AC585A1867 <br /> i. Should Contractor or its representatives fail to cure the breach within ten (10) days, <br /> or fail to reasonably agree to such modified schedule, Owner may immediately <br /> terminate this Agreement in writing, without penalty or incurring further obligation <br /> to Contractor. <br /> ii. This section shall not be interpreted to limit the definition of breach to the failure to <br /> perform the Work related to a Request for Payment. <br /> c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any <br /> authority on the Work or the labor and materials used therein. It shall be the Contractor's <br /> responsibility to furnish the Owner documentary evidence showing the materials used and <br /> sales and use tax paid by the Contractor and each of its subcontractors. <br /> 6. INSURANCE AND BONDS <br /> a. Minimum requirements — Contractor shall obtain, at its sole expense, Commercial General <br /> Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any <br /> additional insurance as may be required by Owner's Risk Manager as such insurance <br /> requirements are described in the Orange County Risk Transfer Policy and Orange County <br /> Minimum Insurance Coverage Requirements (each document is incorporated herein by <br /> reference and may be viewed at <br /> http://www.oran e�ync. ov�/del2artments/purchasing division/contracts.php). If <br /> Owner's Risk Manager determines additional insurance coverage is required such <br /> additional insurance shall be designated here N/A (if no additional insurance required mark <br /> N/A as being not applicable). Contractor shall not commence construction work until such <br /> insurance is in effect and certification thereof has been received by the Owner's Risk <br /> Manager. <br /> b. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of <br /> the Contract and payment of all obligations arising under any of the Contract Documents <br /> or related in any way to the Work. Contractor shall immediately furnish a copy of such <br /> bonds to any requesting person who appears to be a potential beneficiary of bonds <br /> covering payment obligations arising under any of the Contract Documents. This <br /> subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more <br /> where the total cost for the project is three hundred thousand dollars ($300,000.00) or <br /> more. <br /> 7. INDEMNITY <br /> a. The Contractor shall indemnify, without limitation, and hold harmless to the maximum <br /> extent permitted by law the Owner and its agents and employees from and against any and <br /> all claims, damages, losses and expenses, including attorney's fees, arising out of or <br /> resulting from the performance or nonperformance of the Work, provided that any such <br /> claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or <br /> death or injury to, or destruction of, property, including the loss of use resulting therefrom; <br /> and (B) is caused in whole or in part by any breach of any provision of the Agreement or <br /> by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or <br /> supplier of the Contractor, anyone directly or indirectly employed by any of them or <br /> anyone for whose acts any of them may be liable. The indemnification obligation under <br /> this paragraph shall not be limited in any way by any limitation of the amount or type of <br /> damages, compensation or benefits payable by or for the Contractor or any subcontractor <br /> under workers' compensation acts, disability benefits acts or other employee benefit acts. <br /> Revised 12/18 4 <br />