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15
<br />Revised 01/24
<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 />
<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 />Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4
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