|
I5. Pat¢nt Infri�igement. Subcontractar agrees to protect, indemnify nnd hold harmless
<br /> Contractor and Owner against uny and ail liabilities, claims, royalties, suits, damuges,costs or expenses,
<br /> including,but not limited to,all court costs�nd attorneys' fees,arising out of any ttlleged unuuthorized use
<br /> of patented processes,products,materials or appliances used in the performance of this Subcontract.
<br /> lh{cr). /ndenuiiry. Subcontracror sht►II inde�nify and hold harmless the Contractor and its
<br /> respective directors, officers, agents, employees and assigns and each of them (collectively, the
<br /> "Indemnities") from and Against all liabilities, claims, damages, losses and expenses, including, but not
<br /> limited to,all court cvsts and�ttorneys'fees,arising out of or in 1ny way resulting from the performance of
<br /> the Work, PROVIDED THAT ANY SUCH LIABILITY, CLAIM, DAMAGE, LOSS OR EXPENSE IS
<br /> ALLEGED 1'O BE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT OR WILLFUL ACT OR
<br /> OMISSION OF SUBCONTRACTOR, ANY SUBCONTRACTOR OE THE SUBCONTRACTOR,
<br /> ANYONE DIRECTLY OR INDIRECTLY �MPLOYED BY ANY OF 1'HEM OR ANYONE FOR
<br /> WHOSE AC'I'S ANY OF THEM MAY BG LIABLE, REGARDLESS OF WHET'HER OR NOT SAID
<br /> LIABiLITY, CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE ATTRIBUTABLE IN
<br /> WHOLE OR IN 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 OTHERWISE, OF OR BY ANY INDEMNITEE. Such obligation shall not be
<br /> construed to negate, �bridge or otherwise limit any other right or obligation of indemnity that otherwise
<br /> exists in favor of any indemnity. In the event and to the extent that a claim is ntade by an empl�yee of
<br /> Subcontc•actor t�gainst an Indemnity, the inteiit of the parties is ihat SubcontrACtor will indemnify each such
<br /> Indemnity to the same extent as if such claim were made by a non-employee of Subcuntractor, irrespective
<br /> of any statute or judicial decision othei•wise dis�llowing such indemnity. Accordingly, in t�ddition tu the
<br /> above provisions and in order to render the parties' intent and this indemnity agreement fully enforceable,
<br /> Subcontractor, in a cluim hereunder by Contractor or any of i[s officers,agents, direCtors, employees or
<br /> assigns, hereby wnives any 1nd all defenses or immunity Subcontr�ctor may have under the Workmen's
<br /> Compensation Laws of any state, or any statute or judicial decision pertaining thereto, and Subcontractor
<br /> consents to a cause of action for indemnity hereunder.
<br /> 16(b). Da,nage to Work. Subcontracror shall effectively secure and protect its materials and the
<br /> Worlc and any Work of Contractor or othe�:s in the vicinity of the Work and shall bear and be hable for all
<br /> loss or damage of any kind with respect to atiy of the foregoing that results in whole or in part,or directly
<br /> or indirectly, from any act or omission of Subcontrt►ctor, its subcontructors,ugents or employees during thc
<br /> performance of the Work.
<br /> l6(c•). Da�nage Caresed by Third Person. ]t is hereby agreed that Contractor shall not be
<br /> responsible for damage to or destruction of any of Subc:ontractor's equipment or materinls as a result,
<br /> whether direct or indirect,of the act,or failure to act,of ttnother of Contractor's subcantractors or any third
<br /> person und that in the event of such an occurrence, Subc:ontractor's exclusive remedy shall be against the
<br /> SubcontrACtor or third perso�responsible.
<br /> 17. Slowdown or Work Stoppage. Subcontractor warrants that it wil{employ wurkers and means
<br /> in such a manner that the Work wi)I be prosecuted efficiently �nd in a timely mAnner and that it will not
<br /> interfere with the Work of Contractor 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 subcontr�ctors,
<br /> Subcontractor shaU tAke alf reASOnable action to prosecute the Work without any delays,and 1ny time lost
<br /> as n result of such slowdowns, work stoppages or strikes shall not be considered an excusable delay under
<br /> this Subcontract and shal{ not be grounds For nn extension of time hereunder.
<br /> 18(n). DefauJt. If(l} Subcontractor should at any time fail to perform in strict accordnnce with
<br /> this Subcontract, or (2) :� court huving jurisdiction over Subcontractor should enter a decree or order for
<br /> relief in respect of Subcontractor in an involuntary cASe under any aQplicable b�nkruptcy, insolvenc:y or
<br /> s�m�lar law now or hereafter in effect, ar appoint a receiver, liquidator, assignee, custodian, trustee or
<br /> sequestrator(or simil�r official}of Subcontractor,or order the winding up or liquidation of Subcontractor's
<br /> affairs,and such decree or oriler shall continue unstnyed nnd in effect for a peri�d of�ixty(4U)consecutive
<br /> days, or if Subcantractor should commence n voluntary case under any applicable bAnkruptcy, insolvency
<br /> or other simitttr law now or heret�fter in effec;t,consent to the entry of an order for relief in t�n involuntary
<br /> i3o6-i�-3oo
<br /> Page 9 0l'13
<br /> Subcontnct Agrecm�ytl(I.ong Forni)
<br /> Rcvisul 06/08/10
<br />
|