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§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
<br /> Subcontractors, Architect, Architect' s consultants and agents and employees of any of them from and against
<br /> nnn claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
<br /> L IF performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
<br /> death as described in Section 10. 3 . 1 and has not been rendered harmless, provided that such claim, damage, loss or
<br /> expense ,is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
<br /> (otherahan the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence
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<br /> of.the party seeking indemnity.
<br /> I Ant, § 10.3.4 The Owner shall not be responsible under this Section 10. 3 for materials or substances the Contractor brings
<br /> to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
<br /> responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor' s
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<br /> fault or negligence inthe use and handling of such materials or substances.
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<br /> § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs ( 1 ) for remediation of
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<br /> a IF material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
<br /> perform its obligations under, Section 10.3 . 1 , except to the extent that the cost and expense are due to the Owner' s
<br /> fault or negligence.
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<br /> § 10.3.6 If, withou11 " t negligence on the part of the Contractor, the Contractor is held liable by a government agency for
<br /> the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
<br /> I In
<br /> Contract Documents, ; the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
<br /> . § 10.4 EMERGENCIES
<br /> IVI'II n an emrIr ergency affecting safety of persons or property, the Contractor shall act, at the Contractor' s discretion, to
<br /> prevent threatened damage, injuII
<br /> ry or loss. Additional compensation or extension of time claimed by the Contractor
<br /> on account of an emergency shall be determined as provided in Article 15 and Article 7 :
<br /> AII RTICLE 11 :Lr INSURANCE AND BONDS
<br /> § 11 , 1 CONTRACTOR'S LIABILITY INSURANCE
<br /> § 1rIL 1 .1 :1 The Contractor shall: II purchase from and maintain in a company or companies lawfully authorized to do
<br /> business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims
<br /> set forth below which may arise out of or result from the Contractor' s operations and completed operations under
<br /> the ContrIF—ar rct and for which the Contractor may be legally liable, whether such operations be by the Contractor or by
<br /> a Subcontractor ornby anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
<br /> -_r-them- maybe liable:
<br /> . 1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that
<br /> are applicableto the Workto be performed;
<br /> .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the
<br /> Contractor' s employees;
<br /> .3 Claims fof damages because of bodily injury, sickness or disease, or death of any person other than
<br /> the ContrIF acr.
<br /> rI torLL
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<br /> A Claims for damages"insured by usual personal injury liability coverage,
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<br /> .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
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<br /> property, including loss of use resulting therefrom ;
<br /> .6 Claims for damages because of bodily injury, death of a person or property damage arising out of
<br /> ownership, maintenance or use of a motor vehicle;
<br /> .7 Claims for bodily injury or property damage arising out of completed operations; and
<br /> .8 Claims involving contractual liability insurance applicable to the Contractor ' s obligations under
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<br /> Section 3 . 18 .
<br /> § 11 . 1 !2 TherrrI irI nsurance required by Section 11 . 1 . 1 shall be written for not less than limits of liability specified in
<br />the
<br /> Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an
<br /> occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the
<br /> Work until the date of final payment and termination of any coverage required to be maintained after final payment,
<br /> and, with respect to the Contractor ' s completed operations coverage, until the expiration of the period for correction
<br /> Init. AIA Document A201T" — 28007. Copyright ® 1911 , 19152 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and
<br /> 2007 by The American 30
<br /> Institute of Architects. All ri hts reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
<br /> reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted
<br /> to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes: (81110256
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