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without limitation) the furnishing of guards , fences , warnings signs, walks , flags , cables and
<br /> lights for the safety of and the prevention of injury, loss and damage to persons and property
<br /> (including without limitation) in the term persons , members of the public, the County and its
<br /> employees and agents , the Project Manager and his employees , Contractor ' s employees , his
<br /> or its subcontractors and their respective employees , other contractors , their subcontractors
<br /> and respective employees , on, about or adjacent to the premises where said Work is being
<br /> performed , and shall comply with all applicable provisions of safety laws , rules , ordinances,
<br /> regulations and orders of duty constituted public authorities and building codes.
<br /> The Contractor assumes all risk of loss , damage and destruction to all of his or its
<br /> materials, tools appliances and property of every description and that of his or its
<br /> subcontractors and of their respective employees or agents , and injury to or death of the
<br /> Contractor, his or its employees, subcontractors or their respective employees or agents ,
<br /> including legal fees, court costs or other legal expenses , arising out of or in connection with
<br /> the performance of this Contract.
<br /> 13 . INDEMNITY
<br /> The Contractor agrees to pay of behalf of , protect, defend , reimburse, indemnify and
<br /> hold the County, its agents, employees, elected officers and representatives and each of
<br /> them , (hereinafter collectively and for the purposes of this paragraph , referred to as
<br /> " County" ), free and harmless at all times from and against any and all claims, liability,
<br /> expenses, losses, costs , fines and damages , ncluding attorney ' s fees, and causes of action of
<br /> every kind and character against the County by reason of any damage to property or the
<br /> environment, or bodily injury (including death) incurred or sustained by any party hereto , or
<br /> of any party acquiring any interest hereunder, any agent or employee of any party hereto or
<br /> of any party acquiring an interest hereunder, and any third or other party whomsoever , or any
<br /> governmental agency, arising out of or in incident to or in connection with Contractor ' s
<br /> performance under this Contract, the condition of the premises , Contractor ' s acts, or
<br /> omissions or operations hereunder, or the performance, non-performance or purported
<br /> performance of the Contractor of any breach of the terms of this Contract; provided however
<br /> that Contractor shall not be responsible to the County for damages resulting out of bodily
<br /> injury or damages to property which Contractor can establish as being attributable to the sole
<br /> negligence of the County, its respective agents , servants, employees or officers.
<br /> The Contractor further agrees to pay on behalf of and hold harmless and indemnify
<br /> the County for any fines, citations, court judgments, insurance claims, restoration costs or
<br /> other liability resulting from its activities on the project, whether or not the Contractor was
<br /> negligent or even knowledgeable of any events precipitating a claim or arising as a result of
<br /> any situation involving Contractor ' s activities.
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