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 statutes or public policy of the State of California, Subcontractor shall indemnify, defend and save harmless Contractor, including their officers, agents, directors, partners, members, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual 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 obligations under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims 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, Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof). (b) Damages 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 arising out of Subcontractor'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 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. (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 18 and 20). (h) Any failure or alleged failure to comply with the terms of this Agreement or the Contract Documents. The indemnification requirements of (a) through (h) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply to the fullest extent of the law, regardless of any passively negligent act or omission of Contractor or agents or employees. Subcontractor, however, shall not be obligated to indemnify Contractor for Claims arising from the active negligence, sole negligence or willful misconduct of Contractor or its agents, employees or independent contractors who are responsible to Contractor, or for defects in design furnished by such persons or for Claims that do not arise out of the Work. With respect to Claims by any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit acts.

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 statutes or law and public policy of the State of California, Subcontractor shall indemnifydefend (with counsel of Contractor’s choice), defend protect, indemnify and save hold harmless Owner and Contractor, including their officers, agents, directors, partners, membersagents, employees, affiliates, parents and subsidiaries, and each of them, them,(“Indemnitee” or “Indemnitees”) of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' ’ fees, losses or liability, and/or liabilities in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of of, relating to or in connection with Subcontractor's obligations ’s operations to be performed under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims forAgreement including, but not limited to: (a) Personal injuryinjury claims, 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, Owner, Contractor, 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 of any act or omission of Subcontractor or anyone directly 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 unless caused solely by the party(ies) indemnified hereunder; (b) Damages Property damage or injury of any kind or nature whatsoever caused by, resulting from, arising out of or occurring in connection with the execution of the work by Subcontractor or in any other way relating to Subcontractor's performance of this Agreement, including but not limited to any loss arising from the breach of an implied warranty at law, except to the extent, if any, expressly prohibited by statute, should any claims for such damage or injury be made or asserted, whether or not such claims are based upon Contractor's and/or Owner's alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of the Contractor and Owner unless caused solely by the negligence of Owner or Contractor; (c) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statutestatue, caused by the action or inaction of Subcontractor.; (cd) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's Work.’s work; (de) Claims and liens (see 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 16.16.1, 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, 18 and 20). (h) Any failure or alleged failure to comply with . Each of the terms foregoing paragraphs in this Section creates independent duties on the part of this Agreement or the Contract Documents. The indemnification requirements of (a) through (h) above shall Subcontractor which extend to all Claims occurring arising before or after the completion of the work performed by Subcontractor while this Agreement is terminated in force as well as while it is in forceafter its termination. Such indemnity provisions apply to the fullest extent of the law, regardless of any passively active and/or passive negligent act or omission of Contractor or agents or employeesIndemnitees. Subcontractor, however, shall not be obligated under this Agreement to indemnify Contractor an Indemnitee for Claims arising from the active negligence, sole negligence or willful misconduct of Contractor such Indemnitee or its agents, employees or independent contractors who are directly responsible to Owner or Contractor. To the extent the Claims arise out of a contract that is subject to Civil Code Section 2782.05, and none of the exceptions set forth in Civil Code Section 2782.05 apply (“Section 2782.05 Claims”), Subcontractor shall not be obligated to indemnify Indemnitees to the extent the Section 2782.05 Claims arise out of, pertain to, or relate to the active negligence or willful misconduct of Contractor or other contractor or subcontractor who is responsible to Contractor, or to the extent the Section 2782.05 Claims are for defects in design furnished by such persons Contractor or for other contractor or subcontractor who is responsible to the Contractor, or to the extent the Section 2782.05 Claims that do not arise out of the Work. With respect scope of work of Subcontractor pursuant to Claims by any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit actsAgreement.

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 statutes or public policy law of the State of Californiastate in which the Project is located, Subcontractor shall indemnifydefend (with counsel of Contractor's choice), defend protect, indemnify and save hold harmless Owner and Contractor, including their officers, agents, directors, partners, members, employees, affiliatesaffiliates parents, parents and subsidiaries, and each of them, ("indemnitee" or "indemnitees") of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liability, and/or liabilities in law or in equity, of every kind and nature whatsoever ("Claims") arising out of of, relating to or in connection with Subcontractor's obligations operations to be performed under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims forAgreement including, but not limited to: (ai) Personal injuryinjury claims, 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, Owner, Contractor, 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 of any act or omission of Subcontractor or anyone directly employed by Subcontractor or anyone for whose acts Subcontractor may be liable; (bii) Damages Property damage or injury of any kind or nature whatsoever caused by, resulting from, arising out of or occurring in connection with the execution of the Work by Subcontractor or in any other way relating to Subcontractor's performance of this Agreement, including but not limited to any loss arising from the breach of an implied warranty at law, except to the extent, if any, expressly prohibited by statute, should any claims for such damage or injury be made or asserted; (iii) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statutestatue, caused by the action or inaction of Subcontractor.; (civ) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's Work.; (dv) 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.; (evi) Subcontractor's failure to fulfill the covenants set forth in each subpart of Section 13, Labor 27,"(Labor Relations.); (fvii) Failure of Subcontractor to comply with the provisions of Section 16., (Insurance); (gviii) 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, hoisthoists, elevators, or scaffolds (See Sections 18 and 20). (h) Any failure or alleged failure to comply with the terms of this Agreement or the Contract Documents. The indemnification requirements of (a) through (h) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in forcescaffolds. Such indemnity provisions apply to the fullest extent of the law, regardless of any passively active and/or passive negligent act or omission of Contractor or agents or employeesindemnitees. Subcontractor, however, shall not be obligated under this Agreement to indemnify Contractor an indemnitee for Claims to the extent arising from the active sole negligence, sole active negligence or willful misconduct of Contractor such indemnitee or its agents, employees or independent contractors who are directly responsible to Owner or Contractor, or to the extent the Claims are for defects in design furnished by such persons Contractor or for other contractor or subcontractor who is responsible to the Contractor, or to the extent the Claims that do not arise out of the Work. With respect scope of work of Contractor pursuant to Claims by any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit actsAgreement.

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 statutes or public policy of the State of California, Subcontractor shall indemnify, defend indemnify and save harmless Owner and Contractor, including their officers, agents, directors, partners, members, 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 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 obligations ’s work to be performed under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims 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, Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof)) and/or any other claims asserted by others against Contractor, 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 or claim is caused by a party indemnified hereunder with the understanding, however, that in no event shall Subcontractor’s indemnity obligations extend to any such claims to the extent they are the result of the active negligence or willful misconduct of Contractor. (b) Damages 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 Indemnitees arising out of Subcontractor's Work’s work. (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 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 1616 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 18 16 and 20). (h) Any failure or alleged failure to comply with the terms of this Agreement or the Contract Documents. The indemnification requirements provisions of (a) through (h) 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 to the fullest extent of the law, regardless of any passively passive negligent act or omission of Contractor or agents or employeesIndemnitees. Subcontractor, however, shall not be obligated under this Agreement to indemnify Contractor Indemnitees for Claims arising from the active negligence, or sole negligence or willful misconduct of Contractor or its agents, employees Indemnitees or independent contractors who are directly responsible to ContractorIndemnitees. 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 entity 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 persons connection 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 for Claims that do not arise equity, arising out of or related to this Agreement and the Work. With respect to Claims by Project or any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited claims asserted in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit actsrelation thereto.

Subcontractor’s Performance. With All Work shall be at the exception that this Section 15 shall risk of Subcontractor alone, and the Subcontractor hereby assumes the entire responsibility and liability for any and all actual or potential damage or injury of any kind or nature whatsoever (including death, business interruption, or loss of use resulting therefrom) to all persons and entities; or to all property; or caused by, resulting from, arising out of, or occurring in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under connection with the statutes or public policy execution of the State of CaliforniaWork, or in preparation for the Work, or any extension, modification, or amendment to the Work by change order or otherwise. To the fullest extent permitted by law, the Subcontractor shall indemnify, defend defend, and save hold harmless the Owner, the Architect, Contractor, (including their officers, agents, directors, partners, members, employees, its affiliates, parents and subsidiariessubsidiaries and any other party the Owner or Contractor is required to indemnify in the Owner-Contractor Agreement or the other Contract Documents) and other contractors and Subcontractors and all of their agents and employees, from and each of them, of and from any and against all claims, actions, demands, causes of actionliens, suits, damages, costsloss, expenses, actual attorneys' fees, losses or liability, in law or in equity, of every kind including attorney's fees and nature whatsoever expert fees ("Claims"including those required to enforce this indemnity) arising out of or in connection with resulting from the performance of the Subcontractor's obligations under this Agreement. Subcontractor’s duties under this section 15.1 shall apply Work, including transportation of labor and equipment and/or materials to Claims forand from the site of the Work, but not limited to: (a) Personal injuryand including all claims, includingactions, but not limited todemands, bodily injuryliens, emotional injurysuits, sickness or diseasedamages, loss, expenses, attorney's fees, and expert fees for personal injury or death to personsany person (including Subcontractor's employees), including, but not limited to, any employees or agents of Subcontractor, Owner, Contractorfor loss or damage to property, or any other subcontractor and/or damage to property or all of them. This indemnification shall apply to: (i) anyone (including loss for whose acts the Subcontractor may be liable, regardless of use thereof). (b) Damages imposed on account whether it is caused in part by a party indemnified hereunder and regardless of whether it arises before or after the completion 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 arising out of Subcontractor's Work. ; (dii) 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 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. (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 18 and 20). (h) Any failure or alleged failure to comply with the terms of this Agreement or the Contract Documents. The indemnification requirements of (a) through (h) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply to the fullest extent of the law, regardless of any passively negligent act or omission of Contractor or agents or employees. Subcontractor, however, shall not be obligated obligation to indemnify Contractor for Claims arising any liability imposed upon Contractor to indemnify Owner and/or any of its agents or employees, (iii) claims relating to personal injury and wrongful death including claims by Subcontractor’s employees or their heirs and representatives; (iv) claims for destruction of, injury to, or loss of use of real or personal property; (v) claims for payment on account of supplying labor, materials, equipment to the Project including construction lien claims; and (vi) claims for taxes, permits, license fees, fines, and penalties. This indemnification obligation shall not be construed to negate, or change any other right or obligation of indemnity which would otherwise exist as to any party described in this Article 12. Subcontractor’s indemnity obligation will apply regardless of insurance coverage or limits. This section shall not indemnify Contractor or Owner from loss, damage, or expense caused by the active negligence, sole negligence or willful misconduct of the Contractor or its agents, employees or independent contractors who are responsible to Contractor, or for defects in design furnished by such persons or for Claims that do not arise out of the Work. With respect to Claims by any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit actsOwner.

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 statutes or public policy of the State of California, Subcontractor shall indemnify, defend indemnify and save harmless Owner and Contractor, including their officers, agents, directors, partners, members, 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 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 obligations ’s work to be performed under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims 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, Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof)) and/or any other claims asserted by others against Contractor, 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 or claim is caused by a party indemnified hereunder with the understanding, however, that in no event shall Subcontractor’s indemnity obligations extend to any such claims to the extent they are the result of the active negligence or willful misconduct of Contractor. (b) Damages 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 Indemnitees arising out of Subcontractor's Work’s work. (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 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 1616.1, 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 18 16 and 20). (h) Any failure or alleged failure to comply with the terms of this Agreement or the Contract Documents. The indemnification requirements provisions of (a) through (h) 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 to the fullest extent of the law, regardless of any passively passive negligent act or omission of Contractor or agents or employeesIndemnitees. Subcontractor, however, shall not be obligated under this Agreement to indemnify Contractor Indemnitees for Claims arising from the active negligence, or sole negligence or willful misconduct of Contractor or its agents, employees Indemnitees or independent contractors who are directly responsible to ContractorIndemnitees. 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 entity 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 persons connection 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 for Claims that do not arise equity, arising out of or related to this Agreement and the Work. With respect to Claims by Project or any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited claims asserted in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit actsrelation 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 statutes or public policy of the State of California, Subcontractor shall indemnify, defend and save harmless Contractor, including their officers, agents, directors, partners, members, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual 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 obligations under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims 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, 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) Damages 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’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 Relations. (f) Failure of Subcontractor to comply with the provisions of Section 1616.1, 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 18 16 and 20). (h) Any failure Economic loss or alleged failure to comply with damage including, but not limited to, consequential damages, delay damages and /or liquidated damages. Notwithstanding the terms of this Agreement or exceptions noted in Civil Code Section 2782.05, the Contract Documents. The indemnification requirements provisions of (a) through (h) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply to the fullest extent of the law, regardless of any passively passive negligent act or omission of 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 and/or active negligence, sole negligence or willful misconduct of Owner or Contractor or its their agents, employees or independent contractors who are directly responsible to Owner or Contractor, or for defects in design furnished by such persons 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 for Claims that do not arise out judgment of the Work. With respect to Claims by any employee of the Subcontractor, anyone directly negligence and/or fault or indirectly employed by it or anyone for whose acts it may liability against Subcontractor shall be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or a prerequisite for the Subcontractor under workers compensation acts, disability benefit acts accrual or other employee benefit actstriggering 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 statutes or law and public policy of the State of California, Subcontractor shall indemnifydefend (with counsel of Contractor’s choice), defend protect, indemnify and save hold harmless Owner and Contractor, including their officers, agents, directors, partners, membersagents, employees, affiliates, parents and subsidiaries, and each of them, them,(“Indemnitee” or “Indemnitees”) of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' ’ fees, losses or liability, and/or liabilities in law or in equity, of every kind and nature whatsoever ("“Claims"”) arising out of of, relating to or in connection with Subcontractor's obligations ’s operations to be performed under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims forAgreement including, but not limited to: (a) Personal injuryinjury claims, 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, Owner, Contractor, 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 of any act or omission of Subcontractor or anyone directly 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 unless caused solely by the party(ies) indemnified hereunder; (b) Damages Property damage or injury of any kind or nature whatsoever caused by, resulting from, arising out of or occurring in connection with the execution of the work by Subcontractor or in any other way relating to Subcontractor's performance of this Agreement, including but not limited to any loss arising from the breach of an implied warranty at law, except to the extent, if any, expressly prohibited by statute, should any claims for such damage or injury be made or asserted, whether or not such claims are based upon Contractor's and/or Owner's alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of the Contractor and Owner unless caused solely by the negligence of Owner or Contractor; (c) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statutestatue, caused by the action or inaction of Subcontractor.; (cd) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's Work.’s work; (de) Claims and liens (see 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 16.16.1, 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, 18 and 20). (h) Any failure or alleged failure to comply with . Each of the terms foregoing paragraphs in this Section creates independent duties on the part of this Agreement or the Contract Documents. The indemnification requirements of (a) through (h) above shall Subcontractor which extend to all Claims occurring arising before or after the completion of the work performed by Subcontractor while this Agreement is terminated in force as well as while it is in force. after its termination Such indemnity provisions apply to the fullest extent of the law, regardless of any passively active and/or passive negligent act or omission of Contractor or agents or employeesIndemnitees. Subcontractor, however, shall not be obligated under this Agreement to indemnify Contractor an Indemnitee for Claims arising from the active negligence, sole negligence or willful misconduct of Contractor such Indemnitee or its agents, employees or independent contractors who are directly responsible to Owner or Contractor. To the extent the Claims arise out of a contract that is subject to Civil Code Section 2782.05, and none of the exceptions set forth in Civil Code Section 2782.05 apply (“Section 2782.05 Claims”), Subcontractor shall not be obligated to indemnify Indemnitees to the extent the Section 2782.05 Claims arise out of, pertain to, or relate to the active negligence or willful misconduct of Contractor or other contractor or subcontractor who is responsible to Contractor, . or to the extent the Section 2782.05 Claims are for defects in design furnished by such persons Contractor or for other contractor or subcontractor who is responsible to the Contractor, or to the extent the Section 2782.05 Claims that do not arise out of the Work. With respect scope of work of Contractor pursuant to Claims by any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit actsAgreement.

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 statutes or public policy of the State of California, Subcontractor shall indemnify, defend indemnify and save harmless harmless, to the greatest extent permitted by law, Owner and Contractor, including their officers, agents, directors, partners, members, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual 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 obligations ’s operations to be performed under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims 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, 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) Damages 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 Work’s work. (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 RelationsRela tions. (fg) Failure of Subcontractor to comply with the provisions of Section 1616.1, 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 18 16 and 20). (h) Any failure or alleged failure to comply with the terms of this Agreement or the Contract Documents. The indemnification requirements provisions of (a) through (h) above shall extend to Claims occurring after this Agreement is terminated as well as while it is in force. Such indemnity provisions apply to the fullest extent of the law, regardless of any passively active and/or passive negligent act or omission of 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 active negligence, sole negligence or willful misconduct of Owner or Contractor or its their agents, employees or independent contractors who are directly responsible to Owner or Contractor, or for defects in design furnished by such persons or for Claims that do not arise out of the Work. With respect to Claims by any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit actspersons.

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 statutes or public policy of the State of California, Subcontractor shall indemnify, defend indemnify and save harmless Owner and Contractor, including their officers, agents, directors, partners, members, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual 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 obligations ’s operations to be performed under this Agreement. Subcontractor’s duties under this section 15.1 shall apply to Claims for, agreement 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 and agents of Subcontractor, Owner, Contractor, or Contractor and 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 negligent act or omission of Subcontractor and / 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) Damages Penalties imposed on account of the violation of any law, order, citation, rule, 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’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 comply with Labor Restrictions requirements. Labor Restriction requirements are as referenced in each subpart of Section 13, Labor RelationsParagraph 13.3. (f) Failure of Subcontractor to comply with the provisions of Section 16Insurance Requirements. Insurance Requirements are as referenced in Schedule “D”. (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, hoist, elevators, elevators or scaffolds (See Sections 18 and 20). (h) Any failure or alleged failure to comply with the terms of this Agreement or the Contract Documentsscaffolds. The indemnification requirements provisions of (a) through (hg) above shall extend to Claims occurring after this Agreement agreement is terminated as well as while it is in force. Such indemnity provisions apply to the fullest extent of the law, regardless of any passively active and/or passive negligent act or omission of 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 active negligence, sole negligence or willful misconduct of Owner or Contractor or its their agents, employees or independent contractors who are directly responsible to Owner or Contractor, or for defects in design furnished by such persons or for Claims that do not arise out of the Work. With respect to Claims by any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers compensation acts, disability benefit acts or other employee benefit actspersons.