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DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC
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<br /> Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the
<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 /> 5.4INDEMNIFICATION
<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 /> Revised 12/18
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