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Page 50 of 53 <br />5-2-25 <br /> <br />56. Owner’s Separate Contractors <br /> <br />56.1. The Owner shall cause all contractors that it engages under separate contracts to agree to <br />indemnify the Owner and CMAR and hold them harmless from all claims that may arise from that <br />contractor's operations; and to name Owner and CMAR as additional insureds on its insurance <br />policies. Such provisions shall be in a form reasonably satisfactory to the CMAR. Such liability <br />insurance shall be primary and non-contributory as it relates claims arising from such separate <br />contractor’s scope of work; and separate contractors shall cause each of its liability and worker’s <br />compensation carriers to waive its rights of subrogation against CMAR and its Subcontractors. <br /> <br />57. Unforeseeable Government Actions and Unforeseen Government Impacts <br /> <br />57.1. Notwithstanding anything to the contrary, the Parties understand and agree that changes in law <br />or policies that occur after execution of this Contract may have resulting impacts on construction <br />costs and schedules (“Unforeseeable Government Actions”). It is not possible, however, at the <br />time of execution of this Contract to predict or determine the costs and schedule impacts resulting <br />from, without limitation, labor shortages, increased labor costs, supply chain disruptions, <br />increased or new taxes or tariffs on goods and materials, resulting delivery delays, and other <br />similar impacts resulting from such Unforeseeable Government Actions. <br /> <br />57.2. Such Unforeseeable Government Actions may create instability, delays, shortages, and other <br />impacts on materials, pricing, labor, equipment, and supplies needed for the construction of the <br />Project (collectively “Unforeseen Government Impacts”). In the event CMAR or its Trade <br />Contractors are adversely impacted from Unforeseen Government Impacts, then the Contract Time <br />shall be extended for such reasonable time as the Project Designer may determine and the GMP <br />equitably adjusted accordingly by Change Order. The CMAR and Owner acknowledge that they <br />have a mutual obligation to mitigate the Unforeseen Government Impacts to the extent reasonable <br />under the circumstances. <br /> <br /> <br />[SIGNATURE PAGE TO FOLLOW] <br /> <br /> <br /> <br /> <br />IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the day and date first above written in <br />four (4) counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original <br />contract. <br /> <br />CONSTRUCTION MANAGER AT RISK <br /> <br />By: ________________________________ <br /> <br />Title: _______________________________ <br />(Corp. Pres. or Vice Pres. only) <br /> <br /> <br />Attest: ______________________________ <br /> <br />Title: _______________________________ (CORPORATE SEAL) <br />(Corp. Sec. or Asst. Sec. only) <br /> <br /> <br /> <br />ORANGE COUNTY <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78 <br />5/19/2025