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<br />condition and shall comply with the requirements and regulations of the Public <br />Authorities having jurisdiction. He shall commit no public nuisance. Temporary <br />field office and sanitary facilities shall be removed upon completion of the Work <br />and the premises shall be left clean. <br /> <br />Indemnification: <br /> <br /> 6.33 In consideration of twenty-five dollars ($25.00) and other valuable <br />consideration, the CONTRACTOR shall indemnify and save harmless the <br />OWNER and ENGINEER, their officers, agents and employees, from or on <br />account of any injuries or damages, received or sustained by any person or <br />persons during or on account of any operations connected with the construction of <br />this Project; or by or in consequence of any negligence (excluding sole negligence <br />of OWNER and ENGINEER), in connection with the same; or by use of any <br />improper materials or by or on account of any act or omission of the said <br />CONTRACTOR or his Subcontractor, agents, servants or employees. The <br />CONTRACTOR will indemnify and hold harmless the OWNER and the <br />ENGINEER and their agents and employees from and against all claims, <br />damages, losses and expenses including attorneys' fees arising out of or resulting <br />from the performance of the Work, provided that any such claim, damage, loss or <br />expense (a) is attributable to bodily injury, sickness, disease or death, or to injury <br />to or destruction of tangible property (other than Work itself) including the loss of <br />use resulting therefrom and (b) is caused in whole or in part by any negligent act or <br />omission of the CONTRACTOR, any Subcontractor, anyone directly or indirectly <br />employed by any of them or anyone for whose acts any of them may be liable, <br />regardless of whether or not it is caused in part by a party indemnified hereunder. <br /> <br />Claims: <br /> <br /> 6.34 In any and all claims against the OWNER or the ENGINEER or any of their <br />agents or employees, by any employee of the CONTRACTOR, any Subcontractor, <br />anyone for whose acts any of them may be liable, the indemnification obligation <br />under paragraph 6.33 shall not be limited in any way by any limitation on the <br />amount or type of damages, compensation or benefits payable by or for the <br />CONTRACTOR or any Subcontractor under workman's compensation acts, <br />disability acts or other employee benefit acts. <br /> <br />Liability of Engineer: <br /> <br /> 6.35 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend <br />to the liability of the ENGINEER, his agents or employees arising out of (a) the <br />preparation or approval of maps, drawings, opinions, reports, surveys, Change <br />Orders, designs or specifications or (b) the giving of or the failure to give directions <br />or instructions by the ENGINEER, his agents or employees provided such giving or <br />failure to give is the primary cause of injury or damage. <br /> <br /> <br />City of Sunny Isles Beach <br />NE 174th Street Roadway Improvements <br />00700- <br />19 <br />General Conditions <br />14-1758 / 09-19-2014 <br />