Additional General Business. In addition to Attachment H, Appendix 1 Transportation Provider Performance Standards; I., B., 1 the following will apply: UNIVERSAL - To the fullest extent permitted by law, the Transportation Provider shall indemnify, defend, and hold harmless the Commonwealth of Massachusetts, including, without limitation, EOHHS, the HST Office, Montachusett Regional Transit Authority, and their respective officers, directors, employees, any Agency, and its agents (“Indemnified Parties”) from and against all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities, (including all costs of reasonable attorneys' fees, consequential damages, and punitive damages), arising out of or resulting from, or alleged to arise out of or arise from, the performance of the Transportation Provider, its agents, officers, employees or subcontractors under this contract whether such claim, damage, demand, loss or expense is attributable to bodily injury, personal injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting there from; Such indemnity obligation shall not be in derogation or limitation of any other obligation or liability of the Transportation Provider, its agents, officers, employees or subcontractors contained in this Subcontract. This provision shall survive the termination of the Transportation Provider Subcontract. The Transportation Provider (Subcontractor) shall be liable to the “Indemnified Parties” for all costs incurred as a result of any failure of Subcontractor, or any of its suppliers or subcontractors of any tier, to perform.
