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l5 Patent IRfriugeme,et. Subcontractor agrees to protect, indemnify And hold harmless
<br /> Contractor and Owner against any and All liabilities, claims, royalties, suits, damages,costs nr expenses,
<br /> including,but not limited to,ali court costs and attorneys' fees,arising out of any alleged unuuthorized use
<br /> of patented processes,products,materials or appliances used in the performance of this Subcontract.
<br /> !b(cr). Indemiiity. Subcontractor shall inden�nify �nd hold harmless the Contractor and its
<br /> respective directors, officers, agents, employees and assigns and ench of them (collectively, the
<br /> "Indemnities") from and against all liabilities, claims, damages, losses and expenses, including, but not
<br /> limited to,aU court cvsts and atturneys'fees,arising out�f or in�tny way resulting from the performance of
<br /> the Work, PROVIDED THAT ANY SUCH LIABILITY, CLAIM, DAMAGE, LOSS OR EXPENSE [S
<br /> ALLEGED 1'O BE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT OR WILLFUL AC'I'OR
<br /> OMiSSION OF SUBCONTRACTOR, ANY SUBCONTRACTOR OF THE SUBCONTRACTOR,
<br /> ANYONE DIRECTLY OR INDIRECTLY �MPLOYED BY ANY OF THEM OR ANYONE FOR
<br /> WHOSE AC'I'S ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SAID
<br /> LIABiLITY, CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE ATTRIBUCABLE IN
<br /> WHOLE OR 1N PART TO, OR ALLEGED TO ARISE OUT OF, THE ACTIVE, PASSIVE OR
<br /> CONCURRENT NEGLIGENCE OR BREACH OF ANY STATUTORY OR LEGAL DUTY,WHETHER
<br /> NON-DELEGABLE OR OTI-�RWISE, OF OR BY ANY INDEMNITEE. Such obligation shall not be
<br /> construed to negate, nbridge or otherwise lirnit any other right or abligation of indemiiity 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 /> Subcontractor t�gainst an lndemnity, the inte�it of the parties is that SubcontrACt�r will indemnify euch 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 disnllowing such indemnity. Accardingly, in rzddition to the
<br /> above provisions and in order to render the pArties'intent and this indemnity agreement fully enforceable,
<br /> Subcontractoi•, in a claim hereunder by Contractor or any of its officers, agents, directors, employees or
<br /> assigns, hereby waives any and all defenses or immunity Subcontr�ctor may have under the Workmen's
<br /> Compensation Laws of�ny state,or any statute or judici�f decision pertaining thereto, and Subcontractor
<br /> consents to a csuse of action for indemnity hereunder.
<br /> 16(b). Damage to Work. Subcontractor shall effectively secure and protect its materials and the
<br /> Work and any Work of Contractor or othe►:s in the vicinity of the Work and shall bear and be liable for all
<br /> loss or damage of any kind with respect to A�iy of the foregoing thlt results in whole vr in part,or direcNy
<br /> or indirectly, from any act or omission of Subeontrflctor, its subcontrACtors,agents or employees during the
<br /> performance of the Work.
<br /> l6fc•1. Damage Caused by Third Person. It is hereby Agreed that Contractor shall not be
<br /> responsible for damage to or destruction of any of Subc;ontractor's equipment or materials as a result,
<br /> whether direct or indirect,of the act,or failure to act,of another of Co�itractor's subcontractors or any third
<br /> person and that in the event of such �tn occurrence,Sube:ontractor's exclusive remedy shall be flgainst the
<br /> Subcontractor or third person responsible.
<br /> 17. Slowdow�t or Work Stoppage. Subcontractor warrants that it will employ workers and means
<br /> in such a manner th�t [he Work will be prosecuted efficiently and in a timely manner and that it will not
<br /> interfere with the Work of Cantractor or other subcontractors at the Project site. In the event of a
<br /> slowdown, work stoppage or strike by Subcontractor's employees or any employees of its subcontractors,
<br /> Subcontractor shall take ali reusanable action to prosecute the Work without�ny delays,and any time lost
<br /> as n result of such slowdowns, work stoppages or strikes shall n�t be considered an excusable delay under
<br /> this Subcontract and shall not be grounds for nn extcnsion of time hereunder.
<br /> 18(n). Dejat�lt. If(I) Subcontractor should at any time fail to perform in strict accordnnce with
<br /> this Subcontract, or (2) ti cuurt having jurisdiction over Subcontractor shoutd enter a decree or order for
<br /> relief in respect �f Subcontrucror i�� an invofuntnry cASe under any lpplicable b�nkrt�ptcy, insolvency or
<br /> similar law now vr hereafter in effect, or ttppoint a receiver, liquidator, assignee, custodian, trustee or
<br /> sequestr�tur(or similar officinl)of Subcontractor,or order[he winding up or liquidation of Subcontractor's
<br /> affairs,and such decree or oriier shall continue unstayed and in effect for a peri�d of sixty(6U)consecutive
<br /> days, or if Subcontracror should commence fl voluntary case under any applicable bAnkruptcy, insolvency
<br /> or other similar law now or hereafter in effect, consent to the entry of an order for relief in an invoiuntary
<br /> i3o6-t5-3oo
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<br /> Subcontract Agrecmcnt(l,ong Forn►)
<br /> Revisixl 06/08/10
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