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16
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<br />Revised 01/24
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<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.
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<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.
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<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.
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<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 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 or additional Work
<br />and changes. It is agreed that the Contractor shall have no liability under this Agreement for any
<br />environmental hazards existing prior to the date that Work commences under this Agreement
<br />unless the Contractor or its Subcontractors, agents or employees, acting alone or in concert
<br />with others, by their own negligence or misconduct, release or expose the Owner or third parties
<br />to the environmental hazards. The provisions of this paragraph shall survive the termination or
<br />cancellation or completion of this Agreement.
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<br />5.5 RISK MANAGEMENT POLICY
<br />Docusign Envelope ID: 687B9CC7-F1BC-43DB-A291-A8D859EFA3B2
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