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Subcontract#: 061804-017
<br /> Page 24/Rev 171204
<br /> the Subcontract Amount. The bond(s) shall be issued by a surety that is listed in the current US
<br /> Department of Treasury Circular 570 and premiums for such bonds shall be paid by Subcontractor,
<br /> unless otherwise agreed upon in writing by the Parties. Contractor shall reimburse Subcontractor for
<br /> the invoiced amount of the bond if Subcontractor is required to furnish a bond after execution of this
<br /> Agreement.
<br /> 8.2 Subcontractor Financial Capacity: Contractor may require Subcontractor to provide it a
<br /> current and certified financial statement in order to assess Subcontractor's financial capacity at any
<br /> time and at Contractor's expense.
<br /> 8.3 Minimum Insurance Requirements: Subcontractor shall comply with the minimum insurance
<br /> requirements as set forth in the Insurance Requirements document referenced on the Cover Sheet
<br /> and incorporated therein. Subcontractor shall provide proof of insurance in compliance with these
<br /> requirements prior to commencement of Work.
<br /> 8.4
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<br /> 9. INDEMNIFICATION
<br /> 9.1 Definition: The term "Indemnified Parties" shall mean Contractor, Joint Venturers, Owner,
<br /> and all others indemnified parties as required by the Prime Contract, as well as the owners, officers,
<br /> directors, employees, agents,joint venturers, insurers, successors and assigns of each.
<br /> 9.2 Subcontractor Indemnity Provision: To the fullest extent permitted by law, Subcontractor shall
<br /> hold harmless and defend (with counsel reasonably satisfactory to Contractor), the Indemnified
<br /> Parties, from and against all claims, demands, causes of actions, suits, administrative proceedings,
<br /> forfeiture proceedings, and any other action to recover damages, penalties, forfeitures, or fines,
<br /> including but not limited to property damage, bodily injury, sickness, disease, or death (hereinafter a
<br /> "Claim") and pay for all attorney fees, expenses, and costs of defending a Claim, arising
<br /> out of, relating to, or connected in any way to the Work, provided such Claim is caused in whole or in
<br /> part by the Subcontractor, a subordinate contractor or material supplier of Subcontractor, or anyone
<br /> directly or indirectly employed by it or anyone for whose acts it may be liable. Subcontractor shall
<br /> indemnify the Indemnified Parties for any judgment, liability, settlement, fine or penalty payment made
<br /> on a Claim to the extent the payment was caused by Subcontractor or its subordinate contractor or
<br /> material supplier's negligence, error, omission, or intentional act.
<br /> 9.3 Indemnity Not Limited: Subcontractor's obligation to hold harmless, defend, and indemnify the
<br /> Indemnified Parties shall not be limited by the provisions of any workman's compensation or similar
<br /> employee benefit act, or by the provisions, exclusions, or extent of any insurance requirements or
<br /> coverage.
<br /> 9.4 Contractor's Right to Defend: Contractor reserves the right to elect to defend, in its sx?
<br /> reasonable discretion and at Subcontractor's cost and expense, any of the Indemnified Parties
<br /> against any Claim. Contractor's reservation of such election to defend, with mutually agreed upon
<br /> counsel of �_Ihoi , , shall not in any way limit Subcontractor's responsibility to indemnify and
<br /> defend in accordance with Section 9.2.
<br /> 9.5 Subcontractor's Use of Equipment: In the event that Subcontractor by rental, loan or
<br /> otherwise, makes use of any of Owner's or Contractor's equipment, scaffolding or other appliances,
<br /> Equal Opportunity/Affirmative Action Employer
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