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§ 10 .3.3 To the fullest extent permitted by law, and without waiving sovereign immunity or extending the liability of the Owner beyond the limits of Florida Statutes section 768 .28 , the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect' s consultants and agents and employees of any of thefts from and against claims, damages, losses and expenses , including but not limited to attorneys ' fees , arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10. 3 . 1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury , sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage , loss or expense is not due to the sole negligence of a party seeking indemnity. § 10.4 The Owner shall not be responsible under Section 10. 3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents . § 10 .5 If, without negligence on the part of the Contractor, or a breach of relevant provisions of the Contract Documents, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall iindemnfy, to the extent permitted provided by Florida law, and without waiving_sovereign immunity or extendin the he liability of the Owner beyond the limits of Florida Statutes section 768 .28 , the Contractor for all cost and expense thereby incurred . § 10.6 EMERGENCIES § 10.6. 1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor' s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time Claimed by the Contractor on account of an emergency shall be determined as provided in Section 4 .3 and Article 7 . ARTICLE 11 INSURANCE AND BONDS § 11 . 1 CONTRACTOR' S LIABILITY INSURANCE § 11 . 1 . 1 The Contractor shall purchase from and maintain iwwith a company authorized to do business in the jurisdiction in which the Project is located State of Florida with a Best Key Rating of A� VIII , all such insurance as will protect the wner against any and all claims set fei4h below which may arise. out of for damages to persons or property as a result €fern of actions of the contractor' s operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by nyone for whose acts any of them may be liableliable . The Contractor shall maintain the followin cg overs es : . 1 Workers ' Compensation — Workers ' compensation to meet statutory limits in compliance with Florida Law. This policy must include employers ' liability with a minimum of $500,000 each accident $500,000 disease policy limit, and $ 100.000 disease each employ ee : .2 Commercial General Liability — A per occurrence form policy, including Premise Operations , Independent Contractors, Products and Completed Operations including Broad Form Property Damage , Broad Form Property Damage Endorsement, with a combined single limit of not less than $5 .000.000 general aggregate to include products/completed operations , personal injury/advertisin lig ability, fire damage/legal liability, and medical payments . Limits can be layered with an Excess Liability Policy (Umbrella) ;.3 Business Auto Liability —Coverage shall include Owned vehicles. Hired/Non- Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $3 ,000,000/combined single limit (Bodily Iniury/Property Damage) ; personal injury protection- statutory limits , $ 1 ,000.000 uninsured/underinsured motorist, $ 1 ,000,000/hired/non-owrled auto liability. Limits can be layered with Excess Liability Policy (Umbrella) ; .4 Builders' Risk — All risk coverage with limits equal to one hundred percent ( 100%) of the completed value of the Work. There shall be a waiver of occupancy endorsement to enable the Owner to occupy the facility under nder construction during such activity. The policy must be endorsed to provide machinery/equipment endorsement during transit and installation, and Owner direct purchase materials . The maximum deductible under this coverage is $5 ,000 per claim ; .5 Flood Insurance - Contractor shall maintain coverage when the buildings or structures are located within an identified special flood hazard area. Such flood insurance shall protect the interests of the Contractor and the County and shall be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Insurance Program ; .6 S e ial AIA Document A201 TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 19589 1961 , 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. 34 Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50:06 on 08/10/2005 under Order No. 1000192296_1 which expires on 8/8/2006 , and is not for resale. User Notes : (726890250)