Common use of Failure to Maintain a Safe Work Site Clause in Contracts

Failure to Maintain a Safe Work Site. If a third party asserts a claim for damages against BNPPLC because of injuries the third party sustained while on the Land as a result of NAI’s breach of its obligations under this Agreement to keep the Land and the Improvements thereon in a reasonably safe condition as Work progresses under NAI’s direction and control, then any such claim and other Losses resulting from such claim will constitute Covered Construction Period Losses under clause (2) of subparagraph 10(A). Also, if the third party asserts a claim for damages against any Participant because of such injuries, and if the Participant requires BNPPLC to reimburse the Participant’s Losses attributable to such claim, then such reimbursement will constitute Covered Construction Period Losses under clause (2) of subparagraph 10(A), consistent with understanding confirmed by clause (b) of subparagraph 10(B)(1).