Common use of Subcontractor’s Performance Clause in Contracts

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. Subcontractor shall indemnify, defend and save harmless the OWNER and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, losses or liability, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or in connection with Subcontractor's operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, or alleged to be caused, in whole or in part, by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental damages resulting to Contractor or Owner from such claims or liens. (e) Subcontractor's failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's or other's equipment, hoist, elevators, or scaffolds (See Sections 16 and 20). The indemnification of (a) through (g) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply regardless of any active and/or passive negligent act or omission of the OWNER or Contractor or their agents or employees. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER or Contractor for Claims arising from the sole negligence or willful misconduct of Owner or Contractor or their agents, employees or independent contractors who are directly responsible to OWNER or Contractor, or for defects in design furnished by such persons.

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. State of California, Subcontractor shall indemnify, defend indemnify and save harmless harmless, to the OWNER greatest extent permitted by law, Owner and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's attorneys’ fees, losses or liabilityliabilities, in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of or in connection with Subcontractor's ’s operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, caused or alleged to be caused, caused in whole or in part, part by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Property damage, including any defect in the work performed by Subcontractor, or on Subcontractor’s behalf, and/or any defect in any equipment or materials furnished by Subcontractor or on Subcontractor’s behalf. (c) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (d) (c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's ’s work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (de) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor or Owner from such claims or liens. (ef) Subcontractor's ’s failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations. (fg) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (gh) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's ’s or other's others’ equipment, hoisthoists, elevators, or scaffolds (See see Sections 16 and 20). (i) Subcontractor shall comply with all health and safety laws, rules and regulations applicable to performance of its Work, including, but not limited to, all federal, state and local statutes, ordinances, regulations, codes, permits and rules of every kind and nature, the health and safety rules of Contractor, and health and safety rules required under Contractor’s contract with any higher-tiered party. Subcontractor shall defend, indemnify and hold harmless Contractor from and against any and all costs and expenses incurred by Contractor for fines, penalties, or corrective measures resulting from acts or omissions of Subcontractor, any lower-tiered parties with whom it is in contract, and employees, agents and others for whom it is responsible. The indemnification provisions of (a) through (gi) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply regardless of any active and/or passive negligent act or omission of the OWNER Owner or Contractor or their agents or employees. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER Owner or Contractor for Claims arising from the sole negligence or willful misconduct of Owner or Contractor or their agents, employees or independent contractors who are directly responsible to OWNER Owner or Contractor, or for defects in design furnished by such persons.

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. State of California, Subcontractor shall indemnify, defend indemnify and save harmless the OWNER Owner and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of themthem (“Indemnitees”), of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's attorneys’ fees, losses or liabilityliabilities, in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of or in connection with Subcontractor's operations ’s work to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, caused or alleged to be caused, caused in whole or in part, part by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (c) Infringement Claims for infringement of any patent rights which may be brought against the Contractor or Owner Indemnitees arising out of Subcontractor's ’s work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (d) Claims and liens (see Section 9) 8) for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor or Owner Indemnitees from such claims or liens. (e) Subcontractor's ’s failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations. (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's ’s or other's others’ equipment, hoisthoists, elevators, or scaffolds (See see Sections 16 and 20). The indemnification provisions of (a) through (g) above this Section 15 shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply regardless of any active and/or passive negligent act or omission of the OWNER or Contractor or their agents or employeesIndemnitees. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER or Contractor Indemnitees for Claims arising from the sole negligence or willful misconduct of Owner or Contractor or their agents, employees Indemnitees or independent contractors who are directly responsible to OWNER Indemnitees. Subcontractor’s indemnity obligations set forth in Section 15 shall also extend to any and all claims for delay damages, impact damages, loss of productivity damages, and any other claims for damages by any person or Contractorentity arising out of or in connection with Subcontractor’s work to be performed under this Agreement. Subcontractor’s duty to defend is separate and distinct from the duty to indemnify and shall immediately arise when a claim is asserted against Indemnitees in connection with the performance of Subcontractor, or those for defects whom Subcontractor is liable, in design furnished by such personsconnection with this Agreement, and regardless of whether others may owe Indemnitees a duty of defense and/or indemnity. The indemnity rights and obligations identified in this Agreement shall be, and are, the only indemnity rights and obligations between the parties, in law or equity, arising out of or related to this Agreement and the Project or any claims asserted in relation thereto.

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. State of California, Subcontractor shall indemnify, defend indemnify and save harmless the OWNER Owner, General Contractor and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, demands causes of action, damages, costs, expenses, actual attorney's attorneys’ fees, losses or liabilityliabilities, in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of or in connection with Subcontractor's ’s operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, caused or alleged to be caused, caused in whole or in part, part by any act or of omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage damages is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's ’s work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (d) Claims and liens (see Section 9) for labor performed or materials material used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor, General Contractor or Owner from such claims or liens. (e) Subcontractor's ’s failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations. (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's ’s or other's others’ equipment, hoisthoists, elevators, or scaffolds (See see Sections 16 and 20). (h) Economic loss or damage, including, but not limited to, consequential damages, delay damages and/or liquidated damages. The indemnification provisions of (a) through (gh) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply regardless of any active and/or passive negligent act or omission of the OWNER Owner, General Contractor or Contractor or their agents or employees. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER Owner, General Contractor or Contractor for Claims arising from the sole negligence or willful misconduct of Owner Owner, General Contractor or Contractor or their agents, employees or independent contractors who are directly responsible to OWNER Owner, General Contractor or Contractor, or for defects in design furnished by such persons.

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. State of California, Subcontractor shall indemnify, defend indemnify and save harmless the OWNER Owner and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's reasonable attorneys’ fees, losses or liabilityliabilities, in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of or in connection with Subcontractor's ’s operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, caused or alleged to be caused, caused in whole or in part, part by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's ’s work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor or Owner from such claims or liens. (e) Subcontractor's ’s failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations. (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's ’s or other's others’ equipment, hoisthoists, elevators, or scaffolds (See see Sections 16 and 20). (h) Economic loss or damage including, but not limited to, consequential damages, delay damages and /or liquidated damages. (i) Any loss, damage or penalty as a result of the failure to comply with Section 17407.5 of the Education Code and/or Section 13.4 of this Subcontract Agreement. The indemnification provisions of (a) through (gi) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply to both direct and third party claims, regardless of any active and/or passive negligent act or omission of the OWNER Owner or Contractor or their agents or employees, subject to the limitations of applicable law, including Civil Code Section 2782.05. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER Owner or Contractor for Claims arising from the sole and/or active negligence or willful misconduct of Owner or Contractor or their agents, employees or independent contractors who are directly responsible to OWNER Owner or Contractor, or for defects in design furnished by such persons. It is expressly acknowledged and understood by Subcontractor that the indemnity obligations specified herein shall arise and become due to owing to Contractor and Owner immediately upon receiving notice of any and all Claims; however, neither an allegation, claim, finding, opinion, declaration, decree or judgment of negligence and/or fault or liability against Subcontractor shall be a prerequisite for the accrual or triggering of said indemnity obligations.

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. State of California, Subcontractor shall indemnify, defend indemnify and save harmless the OWNER Owner and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's reasonable attorneys’ fees, losses or liabilityliabilities, in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of or in connection with Subcontractor's ’s operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, caused or alleged to be caused, caused in whole or in part, part by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents’s Work. (d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor or Owner from such claims or liens. (e) Subcontractor's ’s failure to fulfill the covenants set forth in each subpart of Section 13, Labor RelationsSections 13 and 18. (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's ’s or other's others’ equipment, hoisthoists, elevators, or scaffolds (See see Sections 16 and 20). (h) Economic loss or damage including, but not limited to, consequential damages, delay damages and /or liquidated damages. (i) Any loss, damage or penalty as a result of the failure to comply with Section 17407.5 of the Education Code and/or Sections 13.3 and 13.4 of this Agreement. The indemnification provisions of (a) through (gi) above shall extend to Claims occurring after this Agreement is terminated or completed as well as while it is in force. Such indemnity provisions apply to both direct and third party claims, regardless of any active and/or passive negligent act or omission of the OWNER Owner or Contractor or their agents or employees, subject to the limitations of applicable law, including Civil Code Section 2782.05. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER Owner or Contractor for Claims arising from the sole and/or active negligence or willful misconduct of Owner or Contractor or their agents, employees or independent contractors who are directly responsible to OWNER Owner or Contractor, or for defects in design furnished by such persons. It is expressly acknowledged and understood by Subcontractor that the indemnity obligations specified herein shall arise and become due to owing to Contractor and Owner immediately upon receiving notice of any and all Claims; however, neither an allegation, claim, finding, opinion, declaration, decree or judgment of negligence and/or fault or liability against Subcontractor shall be a prerequisite for the accrual or triggering of said indemnity obligations.

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. Subcontractor shall indemnify, defend and save harmless the OWNER and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, losses or liability, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or in connection with Subcontractor's operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, or alleged to be caused, in whole or in part, by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor or Owner from such claims or liens. (e) Subcontractor's failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's or other's equipment, hoist, elevators, or scaffolds (See Sections 16 and 20). (h) Economic loss or damage including, but not limited to, consequential damages, delay damages and/or liquidated damages. The indemnification of (a) through (g) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply regardless of any active and/or passive negligent act or omission of the OWNER or Contractor or their agents or employees. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER or Contractor for Claims arising from the sole negligence or willful misconduct of Owner or Contractor or their agents, employees or independent contractors who are directly responsible to OWNER or Contractor, or for defects in design furnished by such persons.

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. State of California, Subcontractor shall indemnify, defend indemnify and save harmless the OWNER Owner and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's reasonable attorneys’ fees, losses or liabilityliabilities, in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of or in connection with Subcontractor's ’s operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, caused or alleged to be caused, caused in whole or in part, part by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's ’s work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor or Owner from such claims or liens. (e) Subcontractor's ’s failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations. (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's ’s or other's others’ equipment, hoisthoists, elevators, or scaffolds (See see Sections 16 and 20). (h) Economic loss or damage including, but not limited to, consequential damages, delay damages and /or liquidated damages. The indemnification provisions of (a) through (gh) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply to both direct and third party claims, regardless of any active and/or passive negligent act or omission of the OWNER Owner or Contractor or their agents or employees, subject to the limitations of applicable law, including Civil Code Section 2782.05. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER Owner or Contractor for Claims arising from the sole and/or active negligence or willful misconduct of Owner or Contractor or their agents, employees or independent contractors who are directly responsible to OWNER Owner or Contractor, or for defects in design furnished by such persons. It is expressly acknowledged and understood by Subcontractor that the indemnity obligations specified herein shall arise and become due to owing to Contractor and Owner immediately upon receiving notice of any and all Claims; however, neither an allegation, claim, finding, opinion, declaration, decree or judgment of negligence and/or fault or liability against Subcontractor shall be a prerequisite for the accrual or triggering of said indemnity obligations.

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. State of California, Subcontractor shall indemnifydefend, defend indemnify and save harmless the OWNER Owner and Contractor, including their officers, agents, employees, affiliates, parents parents, and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's attorneys’ fees, losses or liability, in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of or in connection with Subcontractor's operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited toto bodily injury, bodily emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees employee or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, caused or alleged to be caused, caused in whole or in part, part by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance ordinance, or statutestatue, caused by the action or inaction of Subcontractor. (c) Infringement of any patent rights rights, which may be brought against the Contractor or Owner arising out of Subcontractor's ’s work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages resulting to Contractor or Owner from such claims or liens. (e) Subcontractor's failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations. (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance ordinance, or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's ’s or other's ’s equipment, hoist, elevators, or scaffolds (See see Sections 16 and 20). The indemnification provisions of (a) through (g) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force, and during and after performance of any work or operations by Subcontractor. Such indemnity provisions apply regardless of any active and/or passive negligent act or omission of the OWNER Owner or Contractor or their agents or employees. Subcontractor, however, shall not be obligated under this Agreement to indemnify OWNER Owner or Contractor for Claims arising from the sole negligence or willful misconduct of Owner or Contractor or their agents, employees employees, or independent contractors who are directly responsible to OWNER Owner or Contractor, or for defects in design furnished by such persons.