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<br />GC-3l
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<br />GC- 32
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<br />GC.33
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<br />Bodily Injury coverage by Disease shall be for not less than $500,000 for each
<br />employee and $500,000 for each aggregate disease.
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<br />CONTRACT SECCRITY (PERFORMANCE AND PAYMENT BONDS). The
<br />CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF AWARD
<br />fnrnish the OWNER with Performance and Payment Bond(s) in penal sums equal to the amount
<br />of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all
<br />undertaking, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS,
<br />and upon the prompt payment by the CONTRACTOR to all persons supplying labor and
<br />materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such
<br />BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed
<br />to transact such business in the state in which the WORK is to be performed and named on the
<br />current list of "Suret}' Companies Acceptable on Federal Bonds" as published in the Treasury
<br />Department Circular ';umber 570. The expense of these BONDS shall be borne by the
<br />CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses
<br />its right to do business in the sate in which the WORk is to be performed or is removed from
<br />the list of Surety Companies accepted on Federal BONDS, the CONTRACTOR shall within
<br />ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or
<br />BONDS) in such form and sum and signed by such other surety or sureties as may be
<br />satisfactory to the OWNER. The premiums on such BOND shall be paid by the
<br />CONTRACTOR. No further payments shall be deemed due nor shall be made until the new
<br />surety or sureties shall have furnished an acceptable BOND to the OWNER.
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<br />ASSIGNMENTS. Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign
<br />or otherwise dispose oi the CONTRACT or any portion thereof, or of his right, title or interest
<br />therein, or his obligations thereunder, without written consent of the other party.
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<br />INDEMNIFICATION. To the fullest extent permitted by law, the CONTRACTOR shall
<br />indemnify and hold harmless the OWNER, the ENGINEER, the OWNER's Representatives,
<br />and tlleir consultants, and each of their directors, officers, agents, and employees from and
<br />against all claims, damages, losses, expenses, and other costs. including costs of defense and
<br />attorneys' fees, arising out of or resulting from or in connection with the performance of the
<br />WORK, both on and off the job site, provided that any of the foregoing: (1) is attributable to
<br />personal injury, bodily !njury, sickness, disease or death, or to injury to or destruction of
<br />tangible property (other than the WORk itself), including the loss of use resulting therefrom,
<br />and (2) is caused in whole or in part by any act or omission of the CONTRACTOR, any
<br />SUBCONTRACTOR, any supplier, anyone directly or indirectly employed by any of them or
<br />anyone for whose acts or omissions any of them may be liable, regardless of whether or not
<br />cased in part by any act or omission, (active, passive or comparative negligence included,
<br />excepting the active negligence of the OWNER), or a party indemnified hereunder.
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<br />In any and all claims against the indemnified parties by an employee of the CONTRACTOR,
<br />any SUBCONTRACTOR. any supplier, anyone directly or indirectly employed by any of them
<br />or anyone for whose acts any of them may be liable, the indemnification obligation under this
<br />article on lNDEMNIFICA TION shall not be limited in any way or any limitation on the
<br />amount or type of damages, compensation, or benefits payable, by or for the CONTRACTOR;
<br />or any SUBCONTRACTOR, or any supplier, or other persons under worker's compensation
<br />acts, disability benefit aCtS, or other employee acts.
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<br />The obligations of the CO'lTRACTOR under the flISt and fourth paragraphs in this article on
<br />INDEMNIFICATION shall not extend to the liability of the ENGINEER, !he OWNER's
<br />Representative, and their consultants, and each of their directors, officers, employees, and
<br />agents, arising out of or resulting from or in connection with the preparation or approval of
<br />maps, drawings, opinions, reports, surveys, designs or specifications, providing that the
<br />foregoing was the sole aDd exclusive cause of the loss, damages, or injury.
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<br />IlI-25
<br />(1723 - 10/93)
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