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and any injury, loss, damage, death or property damage, Owner expressly undertakes a duty to
<br /> defend Contractor as a separate duty, independent of and broader than the duties to indemnify,
<br /> protect and hold harmless. The duty to defend agreed to by Owner herein expressly includes all
<br /> costs of litigation, attorneys' fees, expert's and consultant's fees, settlement costs and reasonable
<br /> expenses�n connection with the litigation,whether or not the claims made for loss,injury, damage
<br /> or property damage are valid or groundless and regardless of whether the defense of Contractor is
<br /> maintained by Contractor or assumed by Owner as long as the claims made could be causally
<br /> connected to Owner (Clanns) as reasonably deternuned by Contractor. Owner's duty to defend
<br /> Contractor is as follows:
<br /> (1) Contractor, in its sole discretion and at its sole option, may defend any or all of the
<br /> Claims(at Owner's sole expense)or tender to Owner the defense of any or all of the Claims. Upon
<br /> such tender by Contractor to Owner, Owner shall be bound and obligated to assume the defense of
<br /> Contractor in the Claims,including the settlement negotiations, and shall pay, liquidate, discharge
<br /> and satisfy any and all settlements,judgments, awards or expenses resulting from or arising out of
<br /> the Claims without reimbursement from Cbntractor.
<br /> (2)It is understood and agreed by Owner that if Cont:actor tenders the defense of a Claim
<br /> to Owner and Owner fails or neglects to assume the defense thereof, Contractor may defend,
<br /> compromise and/or settle any such suit or action, and Owner shall be bound and obligated to
<br /> reimburse Contractor for the amount expended by it in settling or compromising any such claim,
<br /> or in the amount expended by Contractor in paying any judgment rendered therein,together with
<br /> all reasonable attorneys'fees and costs of litigation incurred by Contractor by reason of its defense,
<br /> settlement or comproinise of such Claims.
<br /> 18. I1�I7CEGRATIOliT CLESgJSE. This Agreement contains all of the representations,
<br /> warranties and promises of the Contractor. No agent or representative of the Contractor is
<br /> authorized to make any representation or promise on behalf of the Contractor other than those
<br /> contained herein. The Contractor disclairns and excludes all other warranties, express or implied,
<br /> including but not limited to the warranties of good workmanship,habitability,merchantability and
<br /> fimess for a particular purpose. The Contractor also disclaims and excludes recovery by the Owner
<br /> of any incidental or consequential damages in any action relating to the Project.
<br /> 19. DISCLAIMER. Owner acknowledges that Contractor may be repairing work
<br /> that was previously damaged by mo1d, water, temutes, or other conditions ("Pre-Existing
<br /> Conditions") unrelated to the work performed by Contractor on the Project. Accordingly,
<br /> Contractor disclaims all liability for all claims, disputes, rights, losses, damages, causes of action
<br /> or controversies ("Claims") pertaining to Pre-Existing Conditions, whether those Claims arise in
<br /> law,equity,contract,warranty,tort,or federal or state statutory claims. The Owner is solely:iable
<br /> and responsible for all damages,whether actual or consequential, arising out of or relating to Pre- �
<br /> Existing Conditions.
<br /> In addition, Contractor disclaims all liability for all claims, disputes, rights, losses,
<br /> damages, causes of action or controversies ("Claims") pertaining to mold, mildew, fungi, spores,
<br /> algae, microscopic organisms, hazardous chemicals, biological agents or allergens (collectively
<br /> refened to as "Mold"),including Claims arising out or relating to the detection,removal,disposal,
<br /> or remediation of Mold, whether those Claims arise in law, equity, contract, wananty, tort, or
<br /> PO Box 271450 Tampa FL 33688-1450
<br /> z Office: 813-264-6262
<br /> w�e ao«��so��now CCC057428 CGC1523359
<br /> Owner Int. ��L Contr Int.��J�
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