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Occurrence, including claims arising in law, equity, contract, warranty, tort, or federal or state
<br /> statutory claims.
<br /> 14. OWNER'S DEFAULT. Owner shall be in default of this Agreement upon any
<br /> of the following occurrences:
<br /> (a) Owner fails to provide access to the job site or materially interferes with
<br /> construction;
<br /> (b) Owner fails to make timely payment under the terms of this Agreement;or
<br /> (c) Owner otherwise violates a material provision of this Agreement.
<br /> Upon a default by Owner,after providing seven(7)days written notice and opportunity to
<br /> cure to Owner(such opportunity to cure required only where the default is of an ongoing nature
<br /> capable of being cured),Contractor may terminate the Agreement and/or pursue all applicable legal
<br /> or equitable remedies.
<br /> If Owner fails to timely pay.Contractor,Contractor may immediately stop all work on the
<br /> Project until Contractor receives payment from the Owner and/or terminate the Agreement.
<br /> 15. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended to benefit
<br /> only the parties hereto and their successors and assigns. Nothing in this Agreement is intended_to
<br /> create rights in any third-party beneficiary.
<br /> 16. ACTS OF GOD. Contractor shall not be-liable for any damage,whether actual
<br /> or consequential,or claim arising out of or relating to Acts of God,accidents,civil disturbances,
<br /> delays in obtaining materials,fires,hurricanes and other weather conditions, strikes,war or other
<br /> causes beyond Contractor's reasonable control.
<br /> 17. INDEMNIFICATION. For and in consideration of $10, which is already
<br /> accounted for in the Contract.Price,the Owner shall defend,indemnify,and hold the Contractor,
<br /> their officers, directors, agents, and employees (individually the"indemnitee,"collectively,the
<br /> "indemnitees") harmless from and against any and all cla rns, demands, losses, damages,
<br /> liabilities, expenses, or costs, including reasonable attorney's fees, costs and expenses of
<br /> investigation, penalties, interest and amounts paid in settlement(collectively"Losses")incurred
<br /> or to be incurred by Contractor,arising out of,relating to,or resulting from(1)claims or demands
<br /> of the unit Owners of the buildings located on the Property,(2)personal injury,(3)wrongful death,
<br /> or(4)property damages;including claims for those damages caused partly or wholly as a result
<br /> of the negligence or wrongful acts of any of the indemnitees if the damages claimed relate to or
<br /> arise out of,or are connected with the Agreement or the actions necessary to perform same. The
<br /> Owner's duty under this}provision is limited to' a total of ONE MHIION AND N6/100
<br /> ($1,000,000)DOLLARS for all damages,including costs and attorney's fees per occurrence for
<br /> any single claim or suit. The parties further agree that this provision satisfies the requirements of
<br /> Florida Statute §725.06 so that the indemnification provisions are valid and binding upon the
<br /> Owner.
<br /> To the fullest extent permitted by law, in addition to the express duties to indemnify,
<br /> defend,protect and hold harmless Contractor when there is any causal connection between Owner
<br /> PO Box 271450 Tampa FL 33688-1450
<br /> Y Office: 813 264-6262
<br /> CCC057428 CGC1523359
<br /> Owner Int. Cantr Int.WO
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