Responsibility For Damages Or Injury. 7.4.1 Owner and its officers and employees shall not be liable in any manner for any loss or damage to any portion of the work, any loss or damage to any of the materials or equipment used in the work, or any injury to any person or property by any cause that might reasonably have been prevented by XXXX, its employees, or its Subcontractors. XXXX shall indemnify and defend Owner against any claims or liability under this section pursuant to the “Indemnification Provisions” Section of these General Conditions. 7.4.2 XXXX shall remove and dispose of any waste materials, including soils or other materials that become contaminated directly or indirectly as a result of XXXX’x performance under this Contract, according to the “Hazardous or Contaminated Materials” Section of the General Conditions. 7.4.3 Payment of any penalties, fines, or other liability assessed to Owner by regulatory agencies due to XXXX’x or any Subcontractor’s action or inaction in performing the work shall be XXXX’x sole responsibility. 7.4.4 XXXX shall pay any assessments or damages covered by this Section directly, or, at Owner's discretion, Owner may pay or retain the amount of such assessments or damages and deduct its costs from payments owed or as they become due to XXXX.
Appears in 4 contracts
Samples: Construction Contract, Construction Manager at Risk Construction Agreement, Construction Contract
Responsibility For Damages Or Injury. 7.4.1 7.4.1. Owner and its officers and employees shall not be liable in any manner for any loss or damage to any portion of the work, any loss or damage to any of the materials or equipment used in the work, or any injury to any person or property by any cause that might reasonably have been prevented by XXXXD-BE, its employees, or its Subcontractors. XXXX D-BE shall indemnify and defend Owner against any claims or liability under this section pursuant to the “Indemnification ProvisionsINDEMNIFICATION PROVISIONS” Section of these General Conditions.
7.4.2 XXXX 7.4.2. D-BE shall remove and dispose of any waste materials, including soils or other materials that become contaminated directly or indirectly as a result of XXXX’x D-BE’s performance under this Contract, according to the “Hazardous or Contaminated MaterialsHAZARDOUS OR CONTAMINATED MATERIALS” Section of the General Conditions.
7.4.3 7.4.3. Payment of any penalties, fines, or other liability assessed to Owner by regulatory agencies due to XXXX’x D-BE’s or any Subcontractor’s action or inaction in performing the work shall be XXXX’x D-BE’s sole responsibility.
7.4.4 XXXX 7.4.4. D-BE shall pay any assessments or damages covered by this Section directly, or, at Owner's discretion, Owner may pay or retain the amount of such assessments or damages and deduct its costs from payments owed or as they become due to XXXXD-BE.
Appears in 1 contract
Samples: Construction Services Contract
Responsibility For Damages Or Injury. 7.4.1 7.4.1. Owner and its officers and employees shall not be liable in any manner for any loss or damage to any portion of the work, any loss or damage to any of the materials or equipment used in the work, or any injury to any person or property by any cause that might reasonably have been prevented by XXXX, its employees, or its Subcontractors. XXXX shall indemnify and defend Owner against any claims or liability under this section pursuant to the “Indemnification ProvisionsINDEMNIFICATION PROVISIONS” Section of these General Conditions.
7.4.2 7.4.2. XXXX shall remove and dispose of any waste materials, including soils or other materials that become contaminated directly or indirectly as a result of XXXX’x performance under this Contract, according to the “Hazardous or Contaminated MaterialsHAZARDOUS OR CONTAMINATED MATERIALS” Section of the General Conditions.
7.4.3 7.4.3. Payment of any penalties, fines, or other liability assessed to Owner by regulatory agencies due to XXXX’x or any Subcontractor’s action or inaction in performing the work shall be XXXX’x sole responsibility.
7.4.4 7.4.4. XXXX shall pay any assessments or damages covered by this Section directly, or, at Owner's discretion, Owner may pay or retain the amount of such assessments or damages and deduct its costs from payments owed or as they become due to XXXX.
Appears in 1 contract
Samples: Construction Services Contract
Responsibility For Damages Or Injury. 7.4.1 Owner OWNER and its officers and employees shall not be liable in any manner for any loss or damage to any portion of the work, any loss or damage to any of the materials or equipment used in the work, or any injury to any person or property by any cause that might reasonably have been prevented by XXXXD-BE, its employees, or its Subcontractors. XXXX D-BE shall indemnify and defend Owner OWNER against any claims or liability under this section pursuant to the “Indemnification ProvisionsINDEMNIFICATION PROVISIONS” Section of these General Conditions.
7.4.2 XXXX D-BE shall remove and dispose of any waste materials, including soils or other materials that become contaminated directly or indirectly as a result of XXXX’x D-BE’s performance under this Contract, according to the “Hazardous or Contaminated MaterialsHAZARDOUS OR CONTAMINATED MATERIALS” Section of the General Conditions.
7.4.3 Payment of any penalties, fines, or other liability assessed to Owner OWNER by regulatory agencies due to XXXX’x D-BE’s or any Subcontractor’s action or inaction in performing the work shall be XXXX’x D-BE’s sole responsibility.
7.4.4 XXXX D-BE shall pay any assessments or damages covered by this Section directly, or, at OwnerOWNER's discretion, Owner OWNER may pay or retain the amount of such assessments or damages and deduct its costs from payments owed or as they become due to XXXXD-BE.
Appears in 1 contract
Samples: Design Build Construction Contract
Responsibility For Damages Or Injury. 7.4.1 8.4.1 Owner and its officers and employees shall not be liable in any manner for any loss or damage to any portion of the work, any loss or damage to any of the materials or equipment used in the work, or any injury to any person or property by any cause that might reasonably have been prevented by XXXXD-BE, its employees, or its Subcontractors. XXXX D-BE shall indemnify and defend Owner against any claims or liability under this section pursuant to the “Indemnification Provisions” Section of these General Conditions.
7.4.2 XXXX 8.4.2 D-BE shall remove and dispose of any waste materials, including soils or other materials that become contaminated directly or indirectly as a result of XXXX’x D-BE’s performance under this Contract, according to the “Hazardous or Contaminated Materials” Section of the General Conditions.
7.4.3 8.4.3 Payment of any penalties, fines, or other liability assessed to Owner by regulatory agencies due to XXXX’x D-BE’s or any Subcontractor’s action or inaction in performing the work shall be XXXX’x D-BE’s sole responsibility.
7.4.4 XXXX 8.4.4 D-BE shall pay any assessments or damages covered by this Section directly, or, at Owner's discretion, Owner may pay or retain the amount of such assessments or damages and deduct its costs from payments owed or as they become due to XXXXD-BE.
Appears in 1 contract
Samples: Design and Construction Agreement