|
<br />13. The compensation payable to the Contractor hereunder shall not be increased because of the imposition of any
<br />taxes, or of increases in the price of any labor, material or services.
<br />
<br />14. During perfonnance and up to the date of final acceptance of the work by the Contrad:or and Owner, the
<br />ContractOr shall be solely responsible for the protection of the person and property of others on or adjacent to
<br />the site from damage, loss or injwy resulting from the performance of the Work hereunder or the condition of the
<br />site. The Owner shall, in any case, be liable for any damage caused to any property by whomsoever owned, nor
<br />shall the Owner or in part, to any person by the act or omission of the Contractor. its officers, directors. employees,
<br />agents, subcontractors, or invitees whether or not the Conttactor or Owner has itself or themselves been guilty of a
<br />negligent act or omission contributing to the damage or injury. The Contractor shaU indemnify and save hannless
<br />the Owner from any liabilities whatsoever on account of such damage, injwy or dea1h, and shall reimburse the Owner
<br />for the amount of aU reasonable expenses, including attorney's fees, paid or incurred for the defense against any
<br />suite or claim asserted against them on account of any such damage, injwy or death. or incurred in the enforcement
<br />of the indemnity contained herein. The liability of the Contractor hereunder, and the indemnity given in connection
<br />therewith, shall include any damage, injury or death resulting from the use of tile Contractor, its officers, directors,
<br />employees, agents and resulting from the use of the Contractor. its officers, directors, employees, agents and
<br />invitees of any hoist, conveyance, scaffold. derrick or other equipment which is either owned or rented by the
<br />Contractor of for the use of which the Contractor may be liable. regardless of whose employee or agent shan be
<br />operating such equipment; and it shaJl be the Contractor's duty to inspect such equipment and assure the safety
<br />thereof.
<br />
<br />15. The Contractor shall indemnify and save bann)ess the Owner nom any patent infringement claim based upon the
<br />manufacture, saJe or use of any material or appliance furnished by the Contractor, and shall defend all actions arising
<br />out of the same and pay all counsel fees and expenses in connection therewith.
<br />
<br />16. The Owner shall in no event be liable or responsible for any damage, theft or loss to the Contractor's work, material,
<br />equipment or other things~ and the Contractor shall indemnify and hold the Owner harmless from any liability, loss
<br />or damages arising out of or in connection with such damage. by whomsoever caused. Such indemnity shall include
<br />reimbursement to the Owner of all reasonable expenses and costs including attorney's fees, which they may pay
<br />or incur in order to defend against any claim for such damage, or incurred in the enforcement of the indemnity
<br />contained herein. The liability of the Contractor under this paragraph shall be absolute, notwithstanding any negligent
<br />act or omission on the part of the Owner. Ten Dollars ($10.00) of the sums payable hereunder is specific
<br />consideration for this indemnity.
<br />
<br />17. The Contractor shall keep and maintain the site free of all debris and litter caused by its WotIc during the progras
<br />thereof. After final completion and aceeptance of the work, the Contractor shall forthwith remove all surplus material,
<br />scaffolding. apparatus, machinery, tools, and equipment furnished by it and shall remove all liter and debris caused
<br />by its work. In the event the Contractor shall at any time fail to remove litter or debris from the site within three (3)
<br />days after the receipt of notice so to do from the Owner, then the Owner may itself do so and charge the cost thereof
<br />to the Contractor against any sums due or to become due to it.
<br />
<br />18. Anything in this Contract to the contrary notwithstanding, if the Owner has not yet awarded. the Construction Contract
<br />to the Contractor, this C;ontraet shall be conditioned upon such award, the execution of the Construction Contract by
<br />the Owner and the Contractor, and the Contractor's perfonnance of all conditions to the effectiveness of the
<br />Construction Contract provided therein. In the event of such award and the execution of the Construction Contract.
<br />the date of such ConstnlCtion Contract shalJ be deemed incorporated in the space provided for that purpose at the
<br />outset of this Contract. 10 the event the Construction Contract is not awarded, executed or no Notice to Proceed is
<br />provided to the Contractor, this Contract shall be null and void and neither of the parties hereto shall have any claim
<br />
|