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September 17, 2013 WELLS FARGO AGRIBOARD PANEL REPAIR 501-2717-033 ZEPHYR COMMONS 3.18.1 To the fullest extent permitted bylaw and to the extent claims, damages, losses or expenses are not covered by Contractor's Liability insurance purchased by the Contractor in accordance with Paragraph 11.1, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys; fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the breach of Contract Documents or by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph 3.18. Add the following subparagraph 3.18.3 3.18.3 For ten dollars ($10), acknowledge to be included and paid for by the Owner in the Contract Sum, and other good and valuable consideration, the Contractor agrees to indemnify and hold harmless the Owner and his agents and employees in accordance with the provisions of this Paragraph 3.18 and of Paragraph 3.17. For ten dollars, and other good and valuable consideration, to be paid to the Contractor by the Architect after execution of the Agreement by the Contractor and the Owner, the Contractor also agrees to indemnify and hold harmless the Architect and his agents, employees, consultants, officers, directors and stockholders in accordance with the provisions of this Paragraph 3.18. Add the following paragraph 3.19 3.19 No Third Party Beneficiary 3.19.1 It is especially agreed between the parties executing this Contract that it is not intended by any of the provisions of any part of the Contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a part of this Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the parties to this Contract with respect to third parties shall remain as imposed by law. ARTICLE 4, ADMINISTRATION OF THE CONTRACT 4.1 Architect Delete subparagraph 4.1.3 and substitute the following: 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect whose status under the Contract Documents shall be that of the former Architect. 4.2 Administration of the Contract Delete subparagraph 4.2.4 and substitute the following: SUPPLEMENTARY CONDITIONS 00800-5