Indemnity By Design-Builder Clause Samples
The "Indemnity By Design-Builder" clause requires the design-builder to protect the owner and other specified parties from losses, damages, or claims arising from the design-builder's actions or omissions during the project. Typically, this means the design-builder must cover costs related to third-party claims, property damage, or personal injury that result from their work, including mistakes in design or construction. This clause serves to allocate risk by ensuring that the financial responsibility for certain liabilities rests with the design-builder, thereby safeguarding the owner from potential legal and financial exposure.
Indemnity By Design-Builder. Design-Builder shall defend, indemnify, and hold Owner, Owner’s Design-Build Consultant and their employees, agents and representatives harmless from and against all claims, demands, losses, damages, or costs, including but not limited to damages arising out of bodily injury or death to persons and damage to property, caused by or resulting from:
(1) The sole negligence of Design-Builder or any of Subcontractor;
(2) The concurrent negligence of Design-Builder, or any Subcontractor, but only to the extent of the negligence of Design-Builder or such Subcontractor; and
(3) The use of any design, process, or equipment which constitutes an infringement of any United States patent presently issued, or violates any other proprietary interest, including copyright, trademark, and trade secret, provided, however, that such indemnity shall not apply to any design, process or equipment that has been specified by Owner in the RFP Documents.