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and Contractor shall be liable for all costs relating to impoundment, removal, disposal and
<br /> replacement.
<br /> Contractor shall indemnify the Manager, its officers, agents, and employees, and third parties
<br /> for any financial loss, injury, or property damage resulting directly or indirectly from material
<br /> components, or parts that are not genuine,�not original or'not otherwise suitable for the intended
<br /> purpose. This includes, but is not limited to, materials that are defective, suspect, or counterfeit;
<br /> materials that have been provided under false pretenses; and materials or items that-are materially
<br /> altered, damaged, deteriorated, degraded, or result in product failure. The rights of the Manager in
<br /> this clause are in addition to any other rights provided by law or contract.
<br /> 8. RELEASE AND INDEMNITY. Contractor does hereby.release and waive any and all right
<br /> it has now, or may in the future have to recover against Owner and Manager, their general and
<br /> limited partners, officers, agents, servants, affiliates, or employees, for loss or damage to property,
<br /> or personal injury :or death (including, but not limited to, claims for damage to properiy of
<br /> Contractor and injury to, or death of employees or subcontractors of Contractor.and claims for
<br /> contribution or indemnity or for reimbursement of workers'-compensation benefits), caused by
<br /> any act or neglect of Owner or Manager in any way relating to or resulting from the Premises or
<br /> the Services performed or to be performed by Contractor under or in .connection with this
<br /> Agreement.
<br /> Contractor agrees to indemnify, defend and save Owner and Manager, from and against ,
<br /> any and all claims, suits and liabilities, based upon damage to, or destruction of, any property or
<br /> injury to any person (including death) including, but not limited to, Contractor's employees,
<br /> subcontractors or agents arising out of or attributable to tlie performance or non-performance by
<br /> the Contractor, its employees, subcontractors and. agents hereunder. The provisions of this
<br /> paragraph shall survive the expiration or termination of this Agreement with respect to any
<br />, damage, death or injury occurring prior to termination. �
<br /> 9. INSURANCE. Contractor shall at all times during the term of this Agreement, and any
<br /> extension or continuation of this Agreement, at its sole cost and expense, obtain and maintain the
<br /> insurance of the types and with the limits indicated on the insurance requirements set forth in
<br /> Ezhibit "B" attached hereto and made a part hereof ("Insurance Requirements"),�which shall
<br /> name Owner and Manager expressl}% as additional insureds, �and which shall insure Owner,
<br /> Manager, and Contractor against all of the various claims, liabilit'ies and attorney's fees described
<br /> in E�ibit "B" hereof. Simultaneously with the execution hereof by Contractor and each and
<br /> every time such coverages change or renew;Contractor shall provide Manager current certificates
<br /> of insurance or certified copies of policies (at Manager's sole option) acceptable to Manager as
<br /> written proof of�the aforesaid coverages. 'All insurance companies upon which policies in
<br /> satisfaction of the Insurance Requiremerits are written shall be,duly licensed to transact business
<br /> in Florida and shall be reasonably approved'by Manager and�Owner in writing.
<br /> 5tandard Vendor Contract rev 7anuary 2009 �
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