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IS Patent Infri�rge�ire�et Subcontractor �grees to protect. indemnify �nd hold harmless
<br /> Contractor and Owner against any and all IiAbilities, claims, royalties, suits, damages, costs or expenses.
<br /> including,but not limited ro,ali court cosls and attorneys' fees,arising out of any alleged unauthorized use
<br /> of patented processes,products,materials or appliances used in the performance of this Subcontrar.t.
<br /> lb(u). Indentnity. Subcontracror shall inden�nify and hold harmless the Contractar and its
<br /> respective directors, officers, agents, employees a��d assigns and each of them (colleGively, the
<br /> "IndemniUes") from and :iguinst all liubilities, claims, damages, losses and expenses, including, but not
<br /> limited ro,all cow�t costs and�ttvrneys'fees, �rising out of or in 1ny way resulting from the performance of
<br /> the Wark. PROVIDED THAT ANY SUCH LIAIIILITY, CLAIM, DAMAGE, LOSS OR EXPENSE IS
<br /> ALLEGED'1'O BE CAUSED 1N WHOLE OR IN PART BY ANY NEGLIGENT OR WILLFUL ACT OR
<br /> OMISSION OF SU$CONTRACTOR, ANY SUBCONTRACTOR OF THE SUBCONTRACTOR,
<br /> ANYONE DIRECTLY OR INDIRECTLY �MPLOYED BY ANY OF TEIEM OR ANYONE FOR
<br /> WHOSE AC'I'S ANY OF THEM MAY B� LIABI.�, REGARDLESS OF' WHETHER OR IVOT SAID
<br /> LIABILITY, CLAIM, UAMAGE, LOSS OR EXPENSE 1S ALLEGED TO BE ATTRIBUT.ABL� !N
<br /> WHOLE OR IN PART' TO, OR ALL�GED TO ARISE UUT OF, THE ACTIVE, PA55IVE OR
<br /> CONCURIZENT NEGLIGENCE OR BREACH OF ANY STATUTORY OR LEGAL DUTY,WHETHER
<br /> [VON-DELEGABLE OR OTI-IERWISE, OF OR nY ANY INDEMNI'3'EE. Such obligation shaU not be
<br /> construed to negate, ��bridge or otherwise limit any vther nght or obligation of indemnity that otherwise
<br /> exists in favor of any indemnity In the event and to the extent that a claim is made by an employee of
<br /> Subco�itractor against an Indemnity,the inteiit of the parties is that Subcontractor wiU indentnify each such
<br /> Indemnity to the same extent as if such claim were made by a non-employee of Subcontractor, irrespective
<br /> of any statute or judicial decision otherwise dis111owing such indemnity Accrn�dingly, in t�ddition to the
<br /> above provisions and in order to render the parties' intent and this indemnity agreement fully enlorceable,
<br /> Subcontractor, in a claim hereunder by Contiactor or any of its officers, agents, directors, employees or
<br /> assigns, hereby waives any and all defenses or immunity Subcontr�ctor may hdve under the Workmen's
<br /> Compensativn Laws of�ny state, or any statute or judici�l decision pertAining thereto, and Subcontractar
<br /> consents to a cause of achon for indemnity hereunder.
<br /> I6(b). Da»�age to Work. SubconU�actor shall effectively secure and protect its m�terials and the
<br /> Work and any Work of Contractor or others in the v�cinity of the Work and sh111 bear and be liable for all
<br /> lass or damage of any kind with respect to any of the fa�egoing that results in whole or in part,or directly
<br /> or indirectly, frvm uny act or omission of Subcontr�cror, its subcontractois,agents or employees during the
<br /> performance of the Work.
<br /> 16(c). Dan:age Cnused by Third Persor: It is hereby ngreed that Contracror shall not be
<br /> responsible for damage to or destruction of any of Subcontractor's equipment or materials a�� a result,
<br /> whether direct or indirect,of the act,or failure ro act,of another of Contractor's subcontractors or�any third
<br /> person and that in the event of such 1n occuc7�ence, SubconU'actor's exclusive remedy shall be ��gainst the
<br /> Subcontractor or third perso�responsible.
<br /> l7. Slow�lown or Work Stoppage. Subcontractor warrants th�t it wil{ employ workers and means
<br /> in such a manner th,�t the Work will be prosecuted efficiently and in a timely manner and that it wdl not
<br /> interfere with the Work of Contractor or other subcontractors tit the Project site In the e�vent of a
<br /> slowdown, work stoppage or strike by Subcontractor's employees or any employees of its subcontr�ctors,
<br /> Subcontractor shall t:ike all reasanable action to prosecute the Work without any delays, and any time lost
<br /> as a result of such slowdowns, work stoppages ar strikes shall not Ue considered an excusable delay under
<br /> this SubconU•aci and shall not be grounds for an extension of time hereunder.
<br /> 18(n). Default. If(1) Subcontractor should at any time fail to perform in strict accord�nce wrth
<br /> this Subconn�act, or (2) �� cuurt having juri5diction over Subcontractor should enter a decree or order for
<br /> relief in respect of Subcontiactor in �n involuntary case under any applicable b�nkruptcy, insolvency or
<br /> similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, cusrodian, trustee or
<br /> sequestraror(or simil�r official)of Subcontraclo►•,or order the winding up or liquidation of Subconh•actor's
<br /> affairs,and such decree or order shall continue unstayed and in effect for�periad of sixty{60)c��nsecuhve
<br /> days, or if Subcontractor should commence :� voluntary case under any applicable bankruptcy, insolvency
<br /> or other similar law now or hereafter in effect, consent to the entry of an order tbr relief in an involuntury
<br /> �306-15-300
<br /> Page 9 0l I 3
<br /> Subconlract Agrccmcnt(l.ong Form)
<br /> Revis�Yl 06/08/10
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