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liabilities and expenses, direct, indirect or consequential including but not
<br />limited to fees and charges of engineers, architects, attorneys, consultants
<br />and other professionals and court costs arising out of or in consequence
<br />of the performance of this Agreement at all trial and appellate levels.
<br />Indemnification shall specifically include but not be limited to claims,
<br />damages, losses, liabilities and expenses arising out of or from (a) the
<br />negligent or defective design of the project and Work of this Agreement;
<br />(b) any act, omission or default of the Contractor, its subcontractors,
<br />agents, servants or employees; (c) any and all bodily injuries, sickness,
<br />disease or death; (d) injury to or destruction of tangible property, including
<br />any resulting loss of use; (e) other such damages, liabilities, or losses
<br />received or sustained by any person or persons during or on account of
<br />any operations connected with the construction of this Project including
<br />the warranty period; (f) the use of any improper materials; (g) any
<br />construction defect including both patent and latent defects; (h) failure to
<br />timely complete the work; (i) the violation of any federal, state, county or
<br />city laws, ordinances or regulations by Contractor, its subcontractors,
<br />agents, servants, independent contractors or employees; Q) the breach or
<br />alleged breach by Contractor of any term of the Agreement, including the
<br />breach or alleged breach of any warranty or guarantee.
<br />12.2.2 Contractor agrees to indemnify, defend, save and hold harmless the City,
<br />its officers, agents and employees, from all damages, liabilities, losses,
<br />claims, fines and fees, and from any and all suits and actions of every
<br />name and description that may be brought against City, its officers, agents
<br />and employees, on account of any claims, fees, royalties, or costs for any
<br />invention or patent and/or for the infringement of any and all copyrights or
<br />patent rights claimed by any person, firm, or corporation.
<br />12.2.3 Contractor shall pay all claims, losses, liens, settlements or judgments of
<br />any nature in connection with the foregoing indemnifications including, but
<br />not limited to, reasonable attorney's fees and costs for trails and appeals.
<br />12.2.4 If any subcontractor, supplier, laborer, or materialmen of Contractor or any
<br />other person directly or indirectly acting for or through Contractor files or
<br />attempts to file a mechanic's or construction lien against the real property
<br />on which the work is performed or any part or against any personal
<br />property or improvements thereon or make a claim against any monies
<br />due or to become due from the City to Contractor or from Contractor to a
<br />subcontractor, for or on account of any work, labor, services, material,
<br />equipment, or other items furnished in connection with the Work or any
<br />change order, Contractor agrees to satisfy, remove, or discharge such lien
<br />or claim at its own expense by bond, payment, or otherwise within five (5)
<br />days of the filing or from receipt of written notice from the City.
<br />CAM 20-0192
<br />C-28 EXHIBIT 3
<br />Page 28 of 46
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