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Orange County Solid Waste
<br />Scalehouse Building 00 73 00 -6 SUPPLEMENTARY
<br />CONDITIONS
<br />1."11.6 Indemnity Agreement:Contractor agrees to indemnify and hold harmless
<br />the Owner from and against claims,losses,liabilities,costs,expenses,charges,
<br />damages or judgment arising from,or relating to,this agreement,including but
<br />not limited to attorney's fees,with respect to any cause arising out of,resulting
<br />from,or in connection with (a)any breach by Contractor of any clause,condition
<br />or provision of this Agreement;(b)any breach or violation by Contractor of any
<br />Indemnity Agreement applicable criminal or civil law;(c)any bodily injuries,
<br />including death at any time resulting therefrom,and/or property damage from any
<br />cause whatsoever,arising out of,incidental to,or in connection with the on-going
<br />or completed work,whether or not due to any act of omission or commission
<br />including negligence,excluding the sole negligence of The Owner,its employees
<br />or agents;and (d)any other cause resulting from any act or failure to act by
<br />Contractor in accordance with this Agreement.Contractor shall promptly assume
<br />the defense of any claim,suit or action within the scope of this indemnification at
<br />its expense,upon being notified thereof.Contractor shall release The Owner
<br />from and indemnify and hold harmless The Owner from and against any claims
<br />for injuries,including death arising out of the use of equipment,tools,or facilities,
<br />whether or not based upon the condition thereof,or any alleged negligence of
<br />The Owner in permitting the use thereof of tools,equipment or facilities owned by
<br />The Owner.Contractor understands and agrees that such permitted use of any
<br />of The Owner's tools,equipment or facilities does not stop The Owner from
<br />limiting or denying such use as The Owner so decides.
<br />a.11.6.1 The following paragraphs shall apply and must be stated on your
<br />Public Liability Insurance Certificates:"Contractor agrees to indemnify
<br />and hold harmless the Owner from and against claims,losses,liabilities,
<br />costs,expenses,charges,damages or judgments,resulting from,or in
<br />connection with any bodily injury,including death at any time resulting
<br />therefrom,and/or property damage,arising out of,incidental to,or in
<br />connection with the on-going or completed work,including negligence,
<br />committed in whole or in part by the indemnitor,but excluding the sole
<br />negligence of The Owner,its employees or agents.""
<br />3.12 ARTICLE 12 -UNCOVERING AND CORRECTION OF WORK
<br />A.12.2.2.1:In every instance,add the words "or Engineer"after "Owner".
<br />B.12.2.2.1:In the third sentence,delete the words "one year".
<br />C.12.2.2.2:Delete the words "one year".
<br />D.12.2.2.3:Delete in its entirety.
<br />E.12.2.5:In the second sentence,delete the words "one year".
<br />F.12.3 Change to read:"If the Owner and Engineer prefer to accept Work that is not in
<br />accordance with the requirements of the Contract Documents,the Owner and Engineer
<br />may do so instead of requiring its removal and correction,in which case the Contract
<br />Sum will be reduced as appropriate and equitable.Such adjustment shall be effected
<br />whether or not final payment has been made."
<br />3.13 ARTICLE 13 -MISCELLANEOUS PROVISIONS
<br />A.13.6:Payments due and unpaid under the Contract Documents shall not bear interest.
<br />Docusign Envelope ID: FA2D0569-6BCE-4E38-B3EE-9B3EFD09A753
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