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Umbrella Liability and/or Excess Liability with coverage at least as broad as the underlying policies. The per
<br /> occurrence and aggregate limits shall be $1,000,000.
<br /> A certificate of insurance form must be filed with Contractor prior to the commencement of any work and must state
<br /> coverage will not be altered, cancelled, or allowed to expire without thirty (30) days written notice by certified mail to
<br /> Contractor. If any of the above coverages are subject to or are in excess of any deductibles or self-retention, these
<br /> amounts must be stated on the certificate, and said deductibles and—self-retention will be the sole responsibility of
<br /> Subcontractor. It is understood and agreed that the insurance coverage and limits, required above, shall not limit the
<br /> extent of Subcontractor's responsibilities and liabilities specified within Contract Documents or by law.
<br /> It is understood and agreed that authorization is hereby granted to refuse entry to job site and to withhold payments to
<br /> Subcontractor until a properly executed Certificate of Insurance is received by Contractor.
<br /> Should Subcontractor fail or neglect to provide the required insurance, Contractor shall have the right, but not the duty,
<br /> to provide such insurance and deduct from any money that may be due or become due to Subcontractor for any and all
<br /> premium or costs Contractor incurs. Equivalent insurance coverage must be obtained from each Sub-subcontractor and
<br /> Supplier, if any, before permitting them on the site of the project. Otherwise, such insurance for Sub-subcontractors and
<br /> suppliers must be included within Subcontractor's insurance policies.
<br /> ARTICLE 7
<br /> INDEMNIFICATION: To the fullest extent permitted by law, the Sub-Contractor expressly agrees to defend, indemnify
<br /> and hold harmless the Contractor, the Owner, the Architect, and the Engineer and their respective officers; directors,
<br /> agents, and employees herein called the"Indemnitees"from any and all liability for damages, including, if allowed by law,
<br /> reasonable attorney's fees and court costs, such legal expenses to include costs incurred in establishing the defense,
<br /> indemnification and other rights agreed to in this Paragraph, to persons or property caused in whole or in part by any act,
<br /> omission, or default by the Sub-Contractor or its sub-subcontractors, materialmen, or agents of any tier or their
<br /> employees, arising out of this Agreement or its performance, including any such damages caused in whole or in part by
<br /> any act, omission, or default of any of the Indemnitees, but specifically excluding any claims of, or damages against any
<br /> of the Indemnitees resulting from such Indemnitees'gross negligence, or the willful, wanton or intentional misconduct of
<br /> such indemnitees or for statutory violations or punitive damages except and to the extent the statutory violations or
<br /> punitive damages are caused by or result from the acts or omissions of the Sub-Contractor or its sub-subcontractors,
<br /> materialmen, or agents of any tier or their respective employees. Provided, however, that any claim for indemnification
<br /> for damages caused in whole or in part by any act, omission, or default by Indemnitees shall be limited to the amount of
<br /> Sub-Contractor's insurance or $1,000,000 per occurrence whichever is greater. The parties acknowledge that the amount
<br /> of the indemnity required hereunder bears a reasonable commercial relationship to this Agreement and it is part of the
<br /> Project specifications or the bid documents.
<br /> The indemnification obligations under this Agreement shall not be restricted in any way by any limitation on the amount
<br /> or type of damages, compensation, or benefits payable by or for the Sub-Contractor under workers' compensation acts,
<br /> disability benefit acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the
<br /> name of any employee of the Sub-Contractor or of any third party to whom Sub-Contractor may subcontract a part or all
<br /> of the Work.
<br /> ARTICLE 8
<br /> WARRANTY: Subcontractor warrants its Work against all deficiencies and defects in materials and/or workmanship and
<br /> agrees to satisfy same without cost to Owner or Contractor for a period of one (1) year from the date of Substantial
<br /> Completion of the Project or per Contract Documents, whichever is longer.
<br /> ARTICLE 9
<br /> SAFETY: It is the policy of the management of Contractor that all feasible and practical efforts be made to provide a
<br /> safe and healthful place of employment for our employees and for yours; that all members of the work force do
<br /> everything reasonable to protect personnel, equipment, and other assets from accidental losses. Contractor requires
<br /> that suppliers and subcontractors comply with all local, state, and federal safety standards, codes and
<br /> regulations.
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