Common use of Contractor’s Liability Clause in Contracts

Contractor’s Liability. 3.1 Contractor assumes the entire responsibility and liability for, and agrees to hold Owner, Owner’s members, residents, directors, officers, agents, managers, employees, partners, affiliates, beneficiaries and anyone else acting on behalf of any of the foregoing (all of said parties are hereinafter sometimes collectively referred to as “Indemnitees”) harmless from, any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons whether employees of Contractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the Work, and all damage, direct or indirect, of whatsoever nature, resulting from the performance of the Work. If any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim be based upon any alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty, administrative regulation (whether nondelegable or otherwise) or obligation on the part of an Indemnitee or its agents, or otherwise, Contractor agrees to indemnify and save such Indemnitee harmless from and against all losses and all liabilities, expenses and other detriments of every nature and description (including attorneys’ fees), to which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of Contractor’s subcontractors, employees, agents, invitees or licensees, where such loss, liability, expense or other detriment arises out of or in connection with any negligent act or intentional misconduct in the performance of Work, including, but not limited to, personal injury and loss of or damage to property of the Indemnitee or others. 3.2 Contractor agrees to assume the entire liability for all claims of personal injury and wrongful death suffered by their own employees asserted by persons allegedly injured in connection with the Work, and hereby waive any limitation of liability whatsoever, including but not limited to limitations based upon the Workers’ Compensation Act. Contractor agrees to indemnify, hold harmless and defend Owner and its respective agents, contractors and employees from and against any and all loss, expense, damage or injury, including court costs and reasonable fees of counsel sustained as a result of all such claims of personal injury and wrongful death.

Contractor’s Liability. 3.1 Contractor assumes the entire responsibility The City of Hermosa Beach and liability for, and agrees to hold Owner, Owner’s members, residents, directors, its officers, agentsagents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, managers, employees, partners, affiliates, beneficiaries and anyone else acting on behalf of or for any of the foregoing (all of said parties are hereinafter sometimes collectively referred materials or other things used or employed in performing the work; or for injury or damage to as “Indemnitees”) harmless fromany person or persons, any and all damage either workers or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons whether employees of Contractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the Work, and all damage, direct or indirectCONTRACTOR, of whatsoever nature, resulting from its subcontractors or the performance of the Work. If any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim be based upon any alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty, administrative regulation (whether nondelegable or otherwise) or obligation on the part of an Indemnitee or its agentspublic, or otherwise, Contractor agrees for damage to indemnify and save such Indemnitee harmless from and against all losses and all liabilities, expenses and other detriments of every nature and description (including attorneys’ fees), to which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of Contractor’s subcontractors, employees, agents, invitees or licensees, where such loss, liability, expense adjoining or other detriment arises property from any cause whatsoever arising out of or in connection with any negligent act or intentional misconduct in the performance of Workthe work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. To the fullest extent permitted by law, includingCONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, but not limited toclaims, personal injury and loss damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or damage to property of the Indemnitee or others. 3.2 Contractor agrees to assume the entire liability for all claims of personal injury and wrongful death suffered by their own employees asserted by persons allegedly injured in connection with the Workwork, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and hereby waive any limitation of liability whatsoever, including but not limited to limitations based upon the Workers’ Compensation Act. Contractor XXXXXXXXXX agrees to indemnifysave and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, hold harmless operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and defend Owner any all costs and its respective agentsexpenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, contractors and employees from and against any and all charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, damage judgment, civil fine or injurypenalty, including or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court costs of competent jurisdiction. In instances where City is shown to have been actively negligent and reasonable fees where City active negligence accounts for only a percentage of counsel sustained the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as a result shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all such claims parties claiming under or through it, hereby waives all rights of personal injury subrogation and wrongful deathcontribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

Contractor’s Liability. 3.1 Contractor assumes the entire responsibility The City of Hermosa Beach and liability for, and agrees to hold Owner, Owner’s members, residents, directors, its officers, agentsagents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, managers, employees, partners, affiliates, beneficiaries and anyone else acting on behalf of or for any of the foregoing (all of said parties are hereinafter sometimes collectively referred materials or other things used or employed in performing the work; or for injury or damage to as “Indemnitees”) harmless fromany person or persons, any and all damage either workers or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons whether employees of Contractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the Work, and all damage, direct or indirectCONTRACTOR, of whatsoever nature, resulting from its subcontractors or the performance of the Work. If any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim be based upon any alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty, administrative regulation (whether nondelegable or otherwise) or obligation on the part of an Indemnitee or its agentspublic, or otherwise, Contractor agrees for damage to indemnify and save such Indemnitee harmless from and against all losses and all liabilities, expenses and other detriments of every nature and description (including attorneys’ fees), to which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of Contractor’s subcontractors, employees, agents, invitees or licensees, where such loss, liability, expense adjoining or other detriment arises property from any cause whatsoever arising out of or in connection with any negligent act or intentional misconduct in the performance of Workthe work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. To the fullest extent permitted by law, includingCONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, but not limited toclaims, personal injury and loss damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or damage to property of the Indemnitee or others. 3.2 Contractor agrees to assume the entire liability for all claims of personal injury and wrongful death suffered by their own employees asserted by persons allegedly injured in connection with the Workwork, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and hereby waive any limitation of liability whatsoever, including but not limited to limitations based upon the Workers’ Compensation Act. Contractor CONTRACTOR agrees to indemnifysave and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, hold harmless operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and defend Owner any all costs and its respective agentsexpenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, contractors and employees from and against any and all charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, damage judgment, civil fine or injurypenalty, including or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court costs of competent jurisdiction. In instances where City is shown to have been actively negligent and reasonable fees where City active negligence accounts for only a percentage of counsel sustained the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the Contract as a result shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all such claims parties claiming under or through it, hereby waives all rights of personal injury subrogation and wrongful deathcontribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

Contractor’s Liability. 3.1 Contractor assumes the entire responsibility The City of Rolling Hills and liability for, and agrees to hold Owner, Owner’s members, residents, directorsits respective elected officials, officers, attorneys, agents, managers, employees, partnersvolunteers, affiliatessuccessors, beneficiaries and anyone else acting on behalf of any of the foregoing assigns (all of said parties are hereinafter sometimes collectively referred to as “Indemnitees”) harmless fromshall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any and all of the materials or other things used or employed in performing the work; or for injury or damage to any person or injury of any kind persons, either workers or nature whatsoever (including death resulting therefrom) to all persons whether employees of Contractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the Work, and all damage, direct or indirectCONTRACTOR, of whatsoever nature, resulting from its subcontractors or the performance of the Work. If any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim be based upon any alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty, administrative regulation (whether nondelegable or otherwise) or obligation on the part of an Indemnitee or its agentspublic, or otherwise, Contractor agrees for damage to indemnify and save such Indemnitee harmless from and against all losses and all liabilities, expenses and other detriments of every nature and description (including attorneys’ fees), to which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of Contractor’s subcontractors, employees, agents, invitees or licensees, where such loss, liability, expense adjoining or other detriment arises property from any cause whatsoever arising out of or in connection with any negligent act or intentional misconduct in the performance of Workthe work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. To the fullest extent permitted by law, includingCONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, but not limited toclaims, personal injury and loss damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or damage to property of the Indemnitee or others. 3.2 Contractor agrees to assume the entire liability for all claims of personal injury and wrongful death suffered by their own employees asserted by persons allegedly injured in connection with the Workwork, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and hereby waive any limitation of liability whatsoever, including but not limited to limitations based upon the Workers’ Compensation Act. Contractor CONTRACTOR agrees to indemnifysave and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, hold harmless operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and defend Owner any all costs and its respective agentsexpenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, contractors and employees from and against any and all charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, damage judgment, civil fine or injurypenalty, including or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court costs of competent jurisdiction. In instances where City is shown to have been actively negligent and reasonable fees where City active negligence accounts for only a percentage of counsel sustained the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as a result shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all such claims parties claiming under or through it, hereby waives all rights of personal injury subrogation and wrongful deathcontribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

Contractor’s Liability. 3.1 To the extent permitted by applicable law, the Contractor assumes the entire responsibility and liability for, and agrees to hold Owner, Owner’s membersArchitect, residentsSunbelt Investment Holdings Inc., directors, officers, and their agents, managers, employees, partners, affiliatesaffiliated entities, beneficiaries and anyone else acting on behalf of any of the foregoing (all of said parties are hereinafter sometimes collectively referred to as “Indemnitees”) harmless from, any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to the Indemnitees and all other persons whether employees of the Contractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the WorkWork by Contractor, and all damageany Subcontractor or any other party acting on behalf of Contractor, direct the breach by Contractor, a Subcontractor or indirectany other party acting on behalf of Contractor of any provision hereof, or the failure of whatsoever natureContractor, resulting from the performance any Subcontractor or any other party acting on behalf of the WorkContractor to comply with applicable Law. If any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim be based upon any alleged active or passive negligence or participation in the wrong negligence, wrongful act or upon any alleged breach of any statutory duty, administrative regulation (whether nondelegable non-delegable or otherwise) or obligation on breach of the part provisions of an Indemnitee this Contract by Contractor or its Subcontractors, agents, employees, invitees or otherwiselicensees, the Contractor agrees to indemnify indemnify, defend and save such Indemnitee the Indemnitees harmless from and against all losses and all liabilities, expenses and other detriments of every nature and description (including reasonable attorneys’ ' fees, expert fees and litigation expenses), to which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of the Contractor’s subcontractors, the Subcontractors, and their employees, agents, invitees or licensees, where such loss, liability, expense or other detriment arises out of or in connection with any negligent act or intentional misconduct in the performance of Work, including, but not limited to, personal bodily injury and loss of or damage to property of the Indemnitee or others. 3.2 . The Contractor agrees to assume on behalf of the entire liability Indemnitee or their agents or contractors the defense through counsel of any action at law or equity which may be brought against any of such parties upon such claim and to pay on behalf of same upon demand the amount of any judgment which may be entered against any of such parties in any such action. The obligation under this paragraph shall be continuing and shall not be diminished by any approval or acceptance of or payment for all Work by Owner or its agents. In claims against an Indemnitee by an employee of personal injury Contractor or a Subcontractor or anyone for whose acts Contractor may be liable, the indemnification obligation under this Article III shall not be limited by the amount of any bond or insurance protection nor a limitation on the amount or type of damages, compensation or benefits payable by or for the Indemnitor or the Indemnitors subcontractors under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts and wrongful death suffered by their own employees asserted by persons allegedly injured in connection with the Work, Contractor and each Subcontractor hereby waive any limitation of liability whatsoever, including but not limited to limitations based upon any Worker's Compensation Act or similar law. The liability of Contractor under this Article III shall be only to the Workers’ Compensation Actextent caused in whole or in part by Contractor, its Subcontractors or anyone directly or indirectly employed by Contractor or any Subcontractor or anyone for whose acts Contractor may be liable. Without limiting the generality of the foregoing, the indemnity hereinabove set forth shall include all liability, damages, loss, claims, demands and actions on account of bodily injury, death or property loss to any Indemnitee and any of Indemnitee's employees, agents, contractors, licensees or invitees, whether based upon or claimed to be based upon, statutory (including, without limitation, workmen's compensation), contractual, tort or other liability of any Indemnitee, contractor or subcontractor or any other persons. 3.2 The Contractor agrees hereby releases and discharges Owner from liability for and assumes the risk of loss of or damage to equipment or other property of the Contractor, and hereby indemnifies Owner against all claims and liabilities for loss of or damage to equipment or other property of third parties leased or otherwise used by the Contractor and tools or other property owned by or in the custody of the Contractor's employees. 3.3 Contractor and all Subcontractors agree to assume the entire liability for all bodily injury and claims of bodily injury suffered by their own employees asserted by persons allegedly injured in connection with the Work. To the extent permitted by law, Contractor and all Subcontractors agree to indemnify, hold harmless and defend Owner Owner, the Architect and its their respective agents, contractors and employees from and against any and all liability, loss, expense, damage or injury, including court costs costs, litigation expenses and reasonable fees of counsel sustained as a result of all such any damage, injury or liability or claims of personal damage, injury and wrongful deathor liability arising as a result of any act or omission of Contractor, any Subcontractor or anyone acting on behalf of Contractor or any Subcontractor. 3.4 The obligations of the Contractor hereunder shall not extend to the liability of the Architect, its agents or employees, arising out of: (i) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (ii) the giving of or the failure to give directions or instructions by the Architect, its agents or employees, provided that the giving or failure to give such direction or instruction is the primary cause of the injury or damage. Notwithstanding anything in this Article 3 to the contrary, the indemnity obligations of Contractor contained in this Contract shall not extend to claims to the proportionate extent resulting from: (i) the sole or active negligence of an Indemnitee; (ii) the willful misconduct of an Indemnitee; or (iii) defects in design furnished by an Indemnitee. 3.5 Notwithstanding anything in this Article 3 to the contrary, the foregoing indemnity obligation shall not extend to claims to the proportionate extent resulting from: (i) the sole or active negligence of an Indemnitee; (ii) the willful misconduct of an Indemnitee; or (iii) defects in design furnished by an Indemnitee.

Contractor’s Liability. 3.1 Contractor assumes the entire responsibility The CITY and liability for, and agrees to hold Owner, Owner’s members, residents, directors, its officers, agents, managers, employees, partners, affiliates, beneficiaries agents and anyone else acting on behalf of any of the foregoing employees (all of said parties are hereinafter sometimes collectively referred to as “Indemnitees”) harmless fromshall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any and all of the materials or other things used or employed in performing the work; or for injury or damage to any person or injury of any kind persons, either workers or nature whatsoever (including death resulting therefrom) to all persons whether employees of Contractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the Work, and all damage, direct or indirectCONTRACTOR, of whatsoever nature, resulting from its subcontractors or the performance of the Work. If any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim be based upon any alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty, administrative regulation (whether nondelegable or otherwise) or obligation on the part of an Indemnitee or its agentspublic, or otherwise, Contractor agrees for damage to indemnify and save such Indemnitee harmless from and against all losses and all liabilities, expenses and other detriments of every nature and description (including attorneys’ fees), to which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of Contractor’s subcontractors, employees, agents, invitees or licensees, where such loss, liability, expense adjoining or other detriment arises property from any cause whatsoever arising out of or in connection with any negligent act or intentional misconduct in the performance of Workthe work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, includingclaims, but not limited todamages to persons or property, personal injury and loss penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or damage to property of the Indemnitee or others. 3.2 Contractor agrees to assume the entire liability for all claims of personal injury and wrongful death suffered by their own employees asserted by persons allegedly injured in connection with the Workwork, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and hereby waive any limitation of liability whatsoever, including but not limited to limitations based upon the Workers’ Compensation Act. Contractor CONTRACTOR agrees to indemnifysave and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, hold harmless operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and defend Owner and its respective agents, contractors and employees from and against any and all loss, expense, damage or injury, including court costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable fees of counsel sustained as a result of all such claims of personal injury and wrongful deathattorneys' fees.

Contractor’s Liability. 3.1 The Contractor, their agents and all workmen and persons employed by them, or under their control including Sub-Contractors, shall use due care that no person or property is injured and that no rights are infringed in the prosecution of the work. The Contractor assumes shall be solely responsible for all damages by whomsoever claimable, including the entire responsibility and liability for, and agrees to hold Owner, Owner’s membersin respect of any injury to persons or property of whatever description and in respect of any infringement of any right, residentsprivilege or easement whatever, directorsoccasioned in the carrying on of the work or any part thereof, officersor by any neglect, agents, managers, employees, partners, affiliates, beneficiaries and anyone else acting misfeasance or nonfeasance on behalf the Contractor's part or on the part of any of their agents, workmen or persons employed by them or under their control including Sub-Contractors. The Contractor shall bear the foregoing (all of said parties are hereinafter sometimes collectively referred full costs thereof and shall at their own expense, make such temporary provisions as may be necessary to as “Indemnitees”) harmless from, any and all damage or injury ensure the avoidance of any kind such damage, injury or nature whatsoever (including death resulting therefrom) to all persons whether employees of Contractor or otherwiseinfringement, and to secure all property (including loss persons and corporations the uninterrupted enjoyment of use thereof) caused byall their rights, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the Work, and all damage, direct or indirect, of whatsoever nature, resulting from during the performance of the Workwork. If The Contractor shall indemnify and save harmless the Owner from and against all claims, demands, loss, costs, damages, actions, suits or other proceedings by whosoever made, brought or prosecuted in any person shall make a claim for manner based upon, occasioned by, or attributed to any damage such damage, injury or injury (including death resulting therefrom) as hereinabove describedinfringement, whether such claim or base upon, occasioned by or attributed to any delay occasioned to any Other Contractor wholly or partly be based upon any alleged active or passive negligence or participation in the wrong or upon any alleged breach reason of any statutory duty, administrative regulation (whether nondelegable or otherwise) or obligation on fault of the part of an Indemnitee or its agents, or otherwise, Contractor. Provided that the Contractor agrees shall not be liable to indemnify and save harmless the Owner from any claim, demand, loss, costs, damages, action, suits or other proceedings unless the Contractor has been given an opportunity to defend any such Indemnitee harmless from and against all losses and all liabilities, expenses and other detriments proceedings on behalf of every nature and description (including attorneys’ fees), the Owner. In the event that the Owner is subject to any final order or judgment in respect of which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of Contractor’s subcontractorsis liable to indemnify and save harmless the Owner, employeesthen the Contractor shall have the right, agents, invitees or licensees, where such loss, liability, expense or other detriment arises out of or in connection with any negligent act or intentional misconduct in upon undertaking to indemnify the performance of Work, including, but not limited to, personal injury and loss of or damage to property of the Indemnitee or others. 3.2 Contractor agrees to assume the entire liability for all claims of personal injury and wrongful death suffered by their own employees asserted by persons allegedly injured in connection with the Work, and hereby waive any limitation of liability whatsoever, including but not limited to limitations based upon the Workers’ Compensation Act. Contractor agrees to indemnify, hold harmless and defend Owner and its respective agents, contractors and employees from and against any and all lossliability for costs, expense, damage to appeal in the name of the Owner such final order or injury, including court costs judgment to any and reasonable fees all courts of counsel sustained as a result of all such claims of personal injury and wrongful deathcompetent jurisdiction.