1041 KRAEMER PLACE ANAHEIM CA 92806 714.630.8580 714.630.0430 FAX
3
3.
Infringement of any patent right which may be brought against the Contractor or
Owner arising out of Subcontractor's work.
4.
Claims and liens for labor performed or material used or furnished to be used on
the job(s), including all incidental or consequential damages resulting to
Contractor or Owner from such claims or liens.
5.
Subcontractor's failure to fulfill the covenants set forth in each subpart of the
Labor Relations Section listed herein.
6.
Any violation or infraction by Subcontractor of any law, order, citation, rule,
regulation, standard, ordinance or statute in any way relating to the occupational
health or safety of employees, including but not limited to, the use of
Contractor's or other's equipment, hoist, elevators or scaffolds.
The indemnification provisions of (1) through (6) above shall extend to Claims occurring
after this Agreement is terminated or expires, after completion of all work on the project
as well as while it is in force. Such indemnity provisions apply regardless of any active
and/or passive negligent act or omission of Owner or Contractor of their agents or
employees. Subcontractor, however, shall not be obligated under this Agreement to
indemnify Owner or Contractor for Claims arising from sole negligence or willful
misconduct of Owner or Contractor, or of their agents, employees, or independent
contractors who a directly responsible to Owner or Contractor, or for defects in design
furnished by such persons. This indemnity duty shall survive completion of all work and
the project.
D. Subcontractor
Shall:
1.
At Subcontractor's own cost, expense and risk, defend all Claims as defined in
the "Subcontractor's Performance", listed above, that may be brought or
instituted by third persons, including, but not limited to, governmental agencies
or employees of Subcontractor against Contractor or Owner or their agents or
employees of any of them.;
2.
Pay and satisfy any judgment or decree that may be rendered against Contractor
or Owner or their agents or employees, or any of them, arising out of any such
Claim; and/or
3.
Reimburse Contractor or Owner or their agents or employees for any and all
legal expense or cost incurred by any of them in connection with a Claim or in
enforcing the indemnity granted in this Section, whether or not such expenses
are ordinarily recoverable or taxable.
E.
Risk of Loss:
1.
All work covered by this Agreement done at the site or in preparing or delivering
materials or equipment or any or all of them, to the site(s) shall be at the risk of
Subcontractor exclusively until completed work is accepted by Contractor.
2.
Limitation of Liability.
