Coffiers
<br /> INTERNATIONAL
<br /> arising from the negligence or willful misconduct of Contractor, Subcontractor, or any party for whom Contractor and/or
<br /> Subcontractor may be responsible at law, including, but not limited to,their respective employees and agents.
<br /> 13. LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED). Contractor acknowledges that Owner or
<br /> Agent may be seeking, or may have achieved, LEED certification status. Contractor shall use best efforts to pursue and
<br /> implement eco-friendly, energy efficient, sustainable, and/or green materials, methods, and processes in accordance with
<br /> LEED requirements. Owner and/or Agent may provide, and Contractor shall abide by, guidelines and specific requirements
<br /> with regard to Owner's and/or Agent's policies and recommendations concerning eco-friendly, energy efficient, sustainable,
<br /> and/or green materials, methods, or processes.
<br /> Prior to performing the Services,or any portion thereof,Contractor shall submit to Agent information regarding materials,tools,
<br /> methods, and practices it intends to use for any and all Services to be performed. In the event eco-friendly, energy efficient,
<br /> sustainable, or green products, materials, or methods cannot be implemented despite Contractor's best efforts, Contractor
<br /> shall notify Agent of same. In the event that there are additional charges as a result of using different materials or methods,
<br /> Contractor shall obtain prior written approval of the additional charges prior to performing the Services.
<br /> In the event that Contractor utilizes methods,tools, practices, or materials without Agent's or Owner's prior written consent,
<br /> causing the LEED certification status designation to be voided or lost,Contractor shall be financially liable to reinstate policies,
<br /> procedures and certification to LEED compliance at the Property.
<br /> 14. CONDITION OF SITE AND RESTORATION. During performance of the Services and prior to leaving the Property,
<br /> all surplus materials, containers, and rubbish brought onto, or created at, the Property by Contractor, or Contractor's
<br /> employees,agents, or Subcontractors,shall be removed in such a way as to minimize inconvenience to Owner and Owner's
<br /> tenants.Contractor shall be responsible for proper disposal,including reuse or recycling,of materials discarded in connection
<br /> with the Services in accordance with Agent's published Waste Management Plan.
<br /> 15. INSURANCE. For the Term of this Contract and for a period of three (3) years subsequent to the expiration or
<br /> termination hereof,Contractor shall obtain and maintain insurance in accordance with Exhibit B or Attachment 1,as applicable,
<br /> which are attached hereto and incorporated herein by reference.
<br /> 16. INDEMNIFICATION. Contractor shall indemnify,defend,and hold Owner,Agent and each of their respective parents,
<br /> subsidiaries, affiliates, related entities, and all such officers, directors, trustees, managers, partners, members, agents,
<br /> employees, representatives, successors,and assigns(collectively,the"Indemnitees")harmless from and against any and all
<br /> losses, costs, claims, damages, injuries, demands, settlements, judgments, expenses, fines, penalties, or liabilities of any
<br /> nature or kind, including reasonable attorneys' fees, court costs, out of pocket expenses, and fees of expert witnesses
<br /> (collectively, "Claims"), arising from, relating to,or in connection with: (a) Contractor's or Subcontractor's(including any party
<br /> for whom Contractor or Subcontractor may be responsible at law) (collectively"Vendor") performance or non-performance of
<br /> the Services, (b) Vendor's acts that are outside the scope of this Contract, (c) Vendor's negligence, willful misconduct,
<br /> violation of law, or breach of this Contract, (d)Vendor's use, employment, engagement, or otherwise, of an employee, agent
<br /> or other personnel who is, or who is alleged to be, unauthorized to work in the United States under applicable law, or (e)
<br /> Vendors completion, improper completion(or lack thereof,in whole or in part)of 1-9, Employment Eligibility Verification forms
<br /> for any of its employees or agents used to provide Services as required by applicable law.
<br /> 17. LIMITATION OF LIABILITY. Contractor shall not make any claim or demand against the Indemnitees or persons for
<br /> whom the Indemnitees are responsible at law,for any injury,including death,or any loss of or damage to,property suffered or
<br /> sustained by the Contractor, its employees, or persons for whom the Contractor is responsible at law, arising out of or
<br /> connected with this Contract, the performance of the Services hereunder, or anything not done or maintained as required
<br /> hereunder,and Contractor hereby waives as against the Indemnitees and persons for whom the Indemnitees are responsible
<br /> at law, all such claims or demands. Contractor shall obtain similar waivers from any and all Subcontractors used to provide
<br /> any portion of the Services.
<br /> If Contractor recovers any judgment against Owner or any of its partners, shareholders, members, managers, officers,
<br /> directors, employees, or agents (collectively, "Owner Representatives") for any default by Owner under this Contract, such
<br /> judgment shall be satisfied solely out of Owner's interest in the Property, and neither Owner nor the Owner Representatives
<br /> shall be personally liable for such default.
<br /> 18. REIMBURSEMENT FOR PAYMENT. In the event that Contractor fails or neglects to make any payment or perform
<br /> any act required by this Contract,Owner may,at its option,make the payment or perform,or cause to be performed,any such
<br /> act.Contractor agrees that it shall promptly reimburse Owner for any expense incurred by Owner as a result thereof, including
<br /> interest at the maximum rate allowed by law from the date of payment.
<br /> 19. LIENS. Contractor shall keep the Property free from any liens arising out of the Services, labor, Materials, or any
<br /> obligations incurred by Contractor,and Contractor shall indemnify, hold harmless and defend the Indemnitees from any liens
<br /> and encumbrances arising out of any Services, labor, Materials, or obligations incurred by or at the direction of Contractor. If
<br /> CONTRACT—Services Contract 10-30-13 3
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