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' SC -6 .20 Indemnification
<br /> SC-6 . 20 Delete paragraph GC- 6. 20.A in its entirety and insert the following in its place:
<br /> ' A . CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with
<br /> its agents , employees , elected officers and representatives , from liabilities , damages ,
<br /> losses , and costs , including but not limited to , reasonable attorney's fees , to the extent
<br /> ' caused by the negligence , recklessness or intentionally wrongful conduct of the
<br /> CONTRACTOR and persons employed or utilized by the CONTRACTOR in the
<br /> performance of this Work under this Agreement. This indemnification and hold
<br /> ' harmless provision shall survive the termination or expiration of this Agreement.
<br /> SC-6 . 20 . D . Add the following paragraphs immediately after GC-6. 20. C:
<br /> ' D . Indemnity of Florida East Coast Railway, L . L . C . & Insurance Requirements : The
<br /> Contractor by execution and delivery hereof, agrees that it shall and will at all times
<br /> hereafter indemnify, defend and save harmless the Florida East Coast Railway,
<br /> L . L . C . from and against all judgments , and all loss , claims , damages , costs , charges ,
<br /> and expenses (" Cost" ) which it may suffer, sustain , or in anywise be subjected to on
<br /> ' account of or occasioned by the operations of the Contractor, or any of the
<br /> subcontractors , or both whether directly or indirectly under, or pursuant to , this
<br /> construction contract, including any such Costs arising from the death , bodily injury
<br /> or personal injury of, as follows :
<br /> ' 1 . Of any person , including without limitation upon the generality of the foregoing
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<br /> description , employees and officers of Florida East Coast Railway, L . L . C . ,
<br /> ' employees and officers of materialmen , employees and officers of the
<br /> Contractor, employees and office4rs of all subcontractors , and from loss
<br /> damage , injury and loss of use of any real or personal property (a ) in which
<br /> Florida East Coast Railway Company has any ownership interest , and ( b )
<br /> personal property in the custody of Florida East Coast Railway Company under
<br /> any transportation contracts ; including without limitation upon the generality of
<br /> the two foregoing enumerations , all railroad equipment commonly described as
<br /> rolling stock and the contents of the same .
<br /> 2 . In furtherance of its obligation to indemnify, defend and save harmless ,
<br /> Contractor shall procure and keep in effect comprehensive general liability
<br /> insurance in the limits of $ 5 , 000 , 000 . 00 each occurrence for bodily injury or
<br /> ' death and $ 3 , 000 , 000 . 00 property damage each occurrence with a
<br /> $ 5 , 000 , 000 . 00 aggregate covering all obligations of Contractor to indemnify the
<br /> Railway by Contractual Assumed Liability Endorsement , with all railroad
<br /> exclusives removed . Alternatively , Contractor may procure and keep in effect
<br /> during the life of this construction contract, as aforesaid , Railroad Protective
<br /> Liability Policies insuring the Railway directly as insured against losses and
<br /> damages with the limits specified in this paragraph .
<br /> ' 3 . In addition to the above , Contractor shall , t its cost and expenses , maintain a
<br /> Workman 's compensation Insurance Policy as required in the State of Florida .
<br /> ' 4 . All such insurance , directly or indirectly for the benefit of the Railway , shall be in
<br /> a form satisfactory to Railway's Manager of Insurance and issued by a casualty
<br /> ' company/insurance company authorized to do business in the State of Florida
<br /> that has a " Best's " rating of A or A+ and a financial category size of Class XII or
<br /> higher.
<br /> ' 00800 - Supplementary Conditions.doc
<br /> 00800 8
<br /> F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc
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