Common use of Risks Assumed by Contractor Clause in Contracts

Risks Assumed by Contractor. (1) To the fullest extent permitted by law, the Contractor solely assumes the following distinct several risks whether they arise from acts or omissions (whether negligent or not and whether supervisory or otherwise) of the Contractor, of the Fund, of third persons or from any other cause, including unforeseen obstacles and difficulties which may be encountered in the prosecution of the work covered by the Contract, whether such risks are within or beyond the control of the Contractor and whether such risks involve a legal duty, primary or otherwise, imposed upon the Fund, the Dormitory Authority of the State of New York, the State of New York or the State University of New York, excepting only risks which arise from defects in maps, plans, designs or Specifications prepared, acquired or used by the Consultant or the Fund, from the negligence of the Fund, its agents or employees or from affirmative acts of the Fund, the Dormitory Authority of the State of New York, the State of New York or the State University of New York or their trustees, officers, agents or employees committed with intent to cause the loss, damage and injuries herein below set forth: a. The risk of loss or damage, direct or indirect, to the work covered by the Contract or to any plant, equipment, tools, materials or property furnished, used, installed or received by the Fund or by the Contractor or any subcontractor, material man or worker performing services or furnishing materials for the work covered hereunder. The Contractor shall bear such risk of loss or damage until the work covered by the Contract has been finally accepted by the Fund or until completion of removal of such plant, equipment, tools, materials or property from the construction site and the vicinity thereof, whichever event occurs last. In the event of such loss or damage, the Contractor shall forthwith repair, replace and/or make good any such loss or damage without cost to the Fund. b. The risk of claims, just or unjust, by third persons against the Contractor, the Fund, the Dormitory Authority of the State of New York, the State of New York, or the State University of New York on account of wrongful death, bodily injuries and property damage, direct or consequential, loss or damage of any kind whatsoever arising or alleged to arise out of or as a result of or in connection with the performance by the Contractor of the work covered by the Contract (whether actually caused by or resulting from the performance of the Contract) or out of or in connection with the Contractor's operations or presence at or in the vicinity of the construction site. (2) To the fullest extent permitted by law, the Contractor shall indemnify and save harmless the Fund, the Dormitory Authority of the State of New York, the State of New York and the State University of New York, their trustees, officers, agents or employees against all claims described above and for all costs and expenses incurred by them in the defense, settlement or satisfaction thereof, including attorneys' fees and court costs. If so directed, the Contractor shall at its own expense defend against such claims, in which event it shall not, without obtaining express advance permission from Counsel of the Fund, raise any defense involving in any way jurisdiction of the tribunal over the Fund, governmental nature of the Fund or the provisions of any statutes respecting suits against the Fund. (3) Neither the Fund's final acceptance of the work to be performed hereunder nor the making of any payment shall release the Contractor from its obligations under this Section. The enumeration elsewhere in the Contract of particular risks assumed by the Contractor or of particular claims for which it is responsible shall not be deemed to limit the effect of the provision of this Section or to imply that it assumes or is responsible for only risks or claims of the type enumerated.

Risks Assumed by Contractor. ‌ (1a) To the fullest extent permitted by law, the Contractor solely assumes the following distinct several risks risk whether they arise such risk arises from acts or omissions (whether negligent or not and whether supervisory or otherwise) of the BPCA, Construction Manager, of Architect or Contractor, of the Fundany Subcontractor, of any Materialman, of third persons or from any other cause, including unforeseen obstacles and difficulties which may be encountered in the prosecution of the work covered by the ContractWork, whether such risks are risk is within or beyond the control of the Contractor and whether such risks involve a risk involves any legal duty, primary or otherwise, imposed upon the Fund, the Dormitory Authority of the State of New York, the State of New York or the State University of New York, excepting only risks which arise from defects in maps, plans, designs or Specifications prepared, acquired or used by the Consultant or the Fund, from the negligence of the Fund, its agents or employees or from affirmative acts of the Fund, the Dormitory Authority of the State of New York, the State of New York or the State University of New York or their trustees, officers, agents or employees committed with intent to cause the loss, damage and injuries herein below set forth: a. BPCA: The risk of loss or damage, direct or indirect, of whatever nature, to the work covered by the Contract Work or to any plant, equipment, tools, materials or property Materials furnished, used, installed or received by the Fund or by the BPCA, Contractor or any subcontractorSubcontractor, material man Materialmen or worker workmen performing services or furnishing materials Materials for the work covered hereunderWork, whether such Work or Materials are stored at the Site or at an offsite location in accordance with Section 5.4 hereof. The Contractor shall bear such risk of loss or damage until Final Acceptance of the work covered Work by the Contract has been finally accepted by the Fund BPCA or until completion of such Materials or removal of such plant, equipment, tools, materials or property Materials from the construction site Site following a determination that they will no longer be needed for the Project and delivery to the vicinity thereoflocation at which they are to be subsequently stored or disposed of, whichever event occurs last. In A portion of the event risk of such loss or damage may be insured against under the terms of a “builder’s risk” insurance policy maintained in the name of Contractor, among others, as described in Section 13.1(i). Notwithstanding the status of any actual or potential recovery or claim under the said “builder’s risk” insurance policy, in the event of any loss or damage, the Contractor immediately shall forthwith repair, replace and/or or make good any such loss or damage without cost to the Fund. b. The risk of claims, just or unjust, by third persons against the Contractor, the Fund, the Dormitory Authority of the State of New York, the State of New York, or the State University of New York on account of wrongful death, bodily injuries and property damage, direct or consequential, loss or damage of any kind whatsoever arising or alleged to arise out of or as a result of or in connection with the performance by the Contractor of the work covered by the Contract (whether actually caused by or resulting from the performance of the Contract) or out of or in connection with the Contractor's operations or presence at or in the vicinity of the construction site. (2b) To the fullest extent permitted by law, the Contractor shall indemnify and save harmless the Fund, the Dormitory Authority of the State of New York, the State of New York and the State University of New York, their trustees, officers, agents or employees against all claims described above and for all costs and expenses incurred by them in the defense, settlement or satisfaction thereof, including attorneys' fees and court costs. If so directed, the Contractor shall at its own expense defend against such claims, in which event it shall not, without obtaining express advance permission from Counsel of the FundBPCA, raise any defense involving in any way the: (i) jurisdiction of any court in which BPCA brings an action arising under this Agreement, (ii) the tribunal over the Fund, governmental nature of the Fund BPCA, or (iii) the provisions of any statutes respecting suits against the FundBPCA. (3c) Neither the Fund's final acceptance of the work to be performed hereunder nor the making of any payment shall release the Contractor from its Contractor’s obligations under this SectionArticle 17 shall not be deemed waived, limited or discharged by the enumeration or procurement of any insurance for liability for damages. (d) Neither Final Acceptance of the Work nor any payment made hereunder shall release Contractor from Contractor’s obligations under this Article 17. The enumeration elsewhere in the Contract this Agreement of particular risks assumed by the Contractor or of particular claims for which it Contractor is responsible shall not be deemed to limit the effect of the provision provisions of this Section Article 17 or to imply that it Contractor assumes or is responsible for only risks or claims of the type enumerated; and neither the enumeration in this Article 17 nor the enumeration elsewhere in this Agreement of particular risks assumed by Contractor of particular claims for which Contractor is responsible shall be deemed to limit the risks which Contractor would assume or the claims for which Contractor would be responsible in the absence of such enumerations.

Risks Assumed by Contractor. (1) To the fullest extent permitted by law, the The Contractor solely assumes the following distinct several risks whether they arise from acts or omissions (whether negligent or not and whether supervisory or otherwise) of the Contractor, of the FundUniversity, of third persons or from any other cause, including unforeseen obstacles and difficulties which may be encountered in the prosecution of the work covered by the Contract, whether such risks are within or beyond the control of the Contractor and whether such risks involve a legal duty, primary or otherwise, imposed upon the State University Construction Fund, the Dormitory Authority of the State of New York, the State of New York or the State University of New York, excepting only risks which arise from defects in maps, plans, designs or Specifications prepared, acquired or used by the Consultant or the FundUniversity, from the negligence of the FundUniversity, its agents or employees or from affirmative acts of the State University Construction Fund, the Dormitory Authority of the State of New York, the State of New York or the State University of New York or their trustees, officers, agents or employees committed with intent to cause the loss, damage and injuries herein below set forth: a. The risk of loss or damage, direct or indirect, to the work covered by the Contract or to any plant, equipment, tools, materials or property furnished, used, installed or received by the Fund University or by the Contractor or any subcontractor, material man materialman or worker performing services or furnishing materials for the work covered hereunder. The Contractor shall bear such risk of loss or damage until the work covered by the Contract has been finally fully accepted by the Fund University or until completion of removal of such plant, equipment, tools, materials or property from the construction site and the vicinity thereof, whichever event occurs last. In the event of such loss or damage, the Contractor shall forthwith repair, replace and/or make good any such loss or damage without cost to the FundUniversity. b. The risk of claims, just or unjust, by third persons against the Contractor, the State University Construction Fund, the Dormitory Authority of the State of New York, the State of New York, or the State University of New York on account of wrongful death, bodily injuries and property damage, direct or consequential, loss or damage of any kind whatsoever arising or alleged to arise out of or as a result of or in connection with the performance by the Contractor of the work covered by the Contract (whether actually caused by or resulting from the performance of the Contract) or out of or in connection with the Contractor's operations or presence at or in the vicinity of the construction site. The Contractor shall bear such risk for all such deaths, injuries, damages or losses sustained or alleged to have been sustained prior to the final acceptance by the University of all work covered by the Contract. The Contractor shall also bear the risk of claims for wrongful death occurring subsequent to said final acceptance provided such death is caused, contributed to or is a consequence of bodily injuries sustained or alleged to have been sustained prior to said final acceptance. (2) To the fullest extent permitted by law, the The Contractor shall indemnify and save harmless the State University Construction Fund, the Dormitory Authority of the State of New York, the State of New York and the State University of New York, their trustees, officers, agents or employees against all claims described above and for all costs and expenses incurred by them in the defense, settlement or satisfaction thereof, including attorneys' fees and court costs. If so directed, the Contractor shall at its own expense defend against such claims, in which event it shall not, without obtaining express advance permission from Counsel of the FundUniversity, raise any defense involving in any way jurisdiction of the tribunal over the FundUniversity, governmental nature of the Fund University or the provisions of any statutes respecting suits against the FundUniversity. (3) Neither the FundUniversity's final acceptance of the work to be performed hereunder nor the making of any payment shall release the Contractor from its obligations under this Section. The enumeration elsewhere in the Contract of particular risks assumed by the Contractor or of particular claims for which it is responsible shall not be deemed to limit the effect of the provision of this Section or to imply that it assumes or is responsible for only risks or claims of the type enumerated.