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Section 6.09 Payments to Subcontractors To the exteni that Conuactor shall use and subcontractors, Contractor shall pay each subcontractor, in an amount equal to the percentage of completibn allowed to Contractor on accotint of such subcontractar's work. Contractor shall also require subcontractor to make similar payments to iis subcontractors. Owner shall not have any obligation to pay or to see the payment of any monies to any subcontractor. Nothing contained in the Conuact Document shaN create any contract relation between Owner and any subcontractor. AR7tCLE 7. INDEMNiI'Y AND tNSURANCE Section 7.01 Indemnification Each party shall defend, indemnity, and hold free and harmless the other party, their affiliated entities, directo�s, offrcers, etriployees and agents, from any and all claims, lasses, damages, injuries and liabilkies arising from the death or injury of any person or persons, including employees of ConVacior and its subcontractors, or from damage or destruction of any property caused by or connected with, in whole or in oart, performance of the Contract by Contractor, its subcontractors or their agents or employees. Section 7.02 Insurance a1 Contractor, at iis own expense, shafl procure, ca�e and maintain for ail of jts operations hereunder insurance in companies approved by the Owner which shall include the following; 1. Worker's Compensation and Employer's Liability Insurance for him/her and a!1 those performing work under this Contract. 2. Comprehensive Ge�eral Liability Ensurance with at least One Million Dollars ($1,000,000.00) for liability coverage with the Owner added as an "additional insured" under tlte subject policies and a certificate stating such supplied to the Owner. b) Before Cantractor shall ¢ommence Work, Coniractor shall give to owner a Cert"rficate of Insurance and continue to maintain and provide proof of i�surance during the duration of this Contract. SECTION 8. MISCELLANEOUS Section 8.01 Litigation a! Should any litigatio� be commenced between the parties concerning the Project, any provision of the Contract or the performance thereof, the prevailing party shall be entitled to court costs and attorney fees in suah titigatio�. b1 The venue fo� any litigation shall be Pinellas Couniy, Florida. c) The pariies agree that prior to undertatang any litigation, tF►ey witf first mediate the dispute using a Circuit Court Mediator from the Sixth Judiciat Circuit. Further, arbitration may be used to settle Contract matters but is not mandatory to either party. Section 8.02 Assignment Any assignment, by operation of law or otherwise, in whole or in part. by Cont�actor or Contract, of the Work to be performed or any right to payment .or claims arising hereunder without the prior written consent of the Owner shall be void. Any attempt of an assignment shall be deemed a default under the terms of this agreement and the owner shall be entitled to cance! the same and exercise any and all other rights and remedies that Owner may have. Section 8.03 Severability If any provision of the Contract shall be held invalid, in whole or in part, then the �emaining provisions, or portions thereof, shall nevertheless be and remain in full force and effect. Section 8.04 Asbestos 5 (Rc� 9.'10)