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<br />1.
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<br />offered or recommended by Design-Builder to Owner
<br />or (ii) arising from modifications to the Work by
<br />Owner or its agents after acceptance of the Work. If
<br />the suit, claim or proceeding is based upon events set
<br />forth in the preceding sentence, Owner shall defend,
<br />indemnify and hold harmless Design-Builder to the
<br />same extent Design-Builder is obligated to defend,
<br />indemnify and hold harmless Owner in Section 7.1.1
<br />above.
<br />
<br />7.1.4 The obligations set forth in this Section 7.1
<br />shall constitute the sole agreement between the parties
<br />relating to liability for infringement of violation of any
<br />patent or copyright.
<br />
<br />7.2 Reserved.
<br />
<br />7.3 Payment Claim Indemnification
<br />
<br />7.3.1 Providing that Owner is not in breach of its
<br />contractual obligation to make payments to Design-
<br />Builder for the Work, Design-Builder shall indemnify,
<br />defend and hold harmless Owner from any claims or
<br />mechanic's liens brought against Owner or against the
<br />Project as a result of the failure of Design-Builder, or
<br />those for whose acts it is responsible, to pay for any
<br />services, materials, labor, equipment, taxes or other
<br />items or obligations furnished or incurred for or in
<br />connection with the Work. Within three (3) days of
<br />receiving written notice from Owner that such a claim
<br />or mechanic's lien has been tiled, Design-Builder shall
<br />commence to take the steps necessary to discharge said
<br />claim or lien, including, if necessary, the furnishing of
<br />a mechanic's lien bond. If Design-Builder fails to do
<br />so, Owner will have the right to discharge the claim or
<br />lien and hold Design-Builder liable for costs and
<br />expenses incurred. including attorneys' tees.
<br />
<br />7.4 Design-Builder's General Indemnification
<br />
<br />7.4.1 Design-Builder, to the fullest extent permitted
<br />by law, shall indemnify, hold harmless and defend
<br />Owner, its officers, directors, employees and agents
<br />from and against claims, losses, damages, liabilities,
<br />including attorneys' lees and expenses, for bodily
<br />injury, sickness or death, and property damage or
<br />destruction (other than to the Work itself) to the extent
<br />resulting from the negligent acts or omissions of
<br />Design-Builder, Design Consultants, Subcontractors,
<br />anyone employed directly or indirectly by any of them
<br />or anyone for whose acts any of them may be liable.
<br />
<br />--'"
<br />
<br />7.4.2 If an employee of Design-Builder, Design
<br />Consultants, Subcontractors, anyone employed directly
<br />or indirectly by any of them or anyone for whose acts
<br />any of them may be liable has a claim against Owner,
<br />its officers, directors, employees, or agents, Design-
<br />Builder's indemnity obligation set forth in Section
<br />7.4.1 above shall not be limited by any limitation on
<br />the amount of damages, compensation or benefits
<br />payable by or for Design-Builder, Design Consultants,
<br />Subcontractors, or other entity under any employee
<br />benefit acts, including workers' compensation or
<br />disability acts.
<br />
<br />Article 8
<br />
<br />Time
<br />
<br />8.1 Obligation to Achieve the Contract Times
<br />
<br />8.1.1 Design-Builder agrees that it will commence
<br />performance of the Work and achieve the Contract
<br />Time(s) in accordance with Article 5 of the Agreement.
<br />
<br />8.2 Delays to the Work
<br />
<br />8.2.1 If Design-Builder is delayed in the
<br />performance of the Work due to acts, omissions,
<br />conditions, events, or circumstances beyond its control
<br />and due to no fault of its own or those for whom
<br />Design-Builder is responsible, the Contract Time(s) for
<br />performance shall be reasonably extended by Change
<br />Order. By way of example, events that will entitle
<br />Design-Builder to an extension of the Contract Time(s)
<br />include acts or omissions of Owner or anyone under
<br />Owner's control (including separate contractors).
<br />changes in the Work, Differing Site Conditions,
<br />Hazardous Conditions, wars, floods, labor disputes,
<br />unusual delay in transportation, epidemics abroad,
<br />earthquakes, adverse weather conditions not reasonably
<br />anticipated, and other acts of God.
<br />
<br />8.2.2 In addition to Design-Builder's right to a time
<br />extension for those events set forth in Section 8.2.1
<br />above, Design-Builder shall also be entitled to an
<br />appropriate adjustment of the Contract Price provided,
<br />however, that the Contract Price shall not be adjusted
<br />for those events set forth in Section 8.2.1 above that are
<br />beyond the control of both Design-Builder and Owner,
<br />including the events of war, floods, labor disputes,
<br />earthquakes, epidemics, adverse weather conditions not
<br />reasonably anticipated, and other acts of God.
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