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DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC
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<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 /> 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 Contractor, any Subcontractor or
<br /> supplier or any representatives of the Contractor. The Contractor shall not be required to
<br /> indemnify the Owner against losses resulting from a breach of this Agreement by the Owner or
<br /> its other agents and contractors, or resulting from negligence, misconduct or violation of laws on
<br /> the part of the Owner or its other agents and contractors.
<br /> e) upon completion of the Work the Contractor shall execute an affidavit, indemnification, and
<br /> 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 Contractor shall indemnify, save and protect Owner and Owner's lender, if
<br /> any, harmless from and against any and all claims, liabilities, liens, losses, damages, causes of
<br /> 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 this Agreement Contractor
<br /> acknowledges the receipt of adequate consideration in return for said release.
<br /> The Contractor further agrees to obtain, maintain, and pay for such liability insurance coverages
<br /> and endorsements as will insure the provisions of this paragraph 5.4. Furthermore, the
<br /> Contractor agrees to be liable for and to indemnify and reimburse the Owner for all legal fees
<br /> 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 /> 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 Contractor 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 this Agreement,
<br /> then upon the discovery of such environmental hazards, the Contractor shall immediately, and
<br /> in no event more than three days later, give notice to the Owner of the environmental hazards
<br /> before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the
<br /> environmental hazards, and make such changes in the Drawings and/or Specifications as they
<br /> may find necessary to abate, remediate, isolate or handle the environmental hazards. Any
<br /> increase or decrease in the Contract Price or the Contract Time resulting from such changes
<br /> shall be adjusted in the manner provided herein for adjustments as to extra and/or additional
<br /> Work and changes. It is agreed that the Contractor shall have no liability under this Agreement
<br /> for any environmental hazards existing prior to the date that Work commences under this
<br /> Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in
<br /> concert with others, by their own negligence or misconduct, release or expose the Owner or
<br /> third parties to the environmental hazards. The provisions of this paragraph shall survive the
<br /> termination or cancellation or completion of this Agreement.
<br /> Revised 12/18
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