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Payments may be withheld on account of defective work not remedied, claims Bled, failure of
<br />Cantractor to make payments properly to subcontractors or for Tabor, materials, or equipment, damages by
<br />another Contractor, or unsatisfactory performance of the work by Contractor, as determined by the Agency.
<br />The project budget allows for additional funds, supported by adequately documented approved change
<br />orders, in the amount of $ 3 5,53 $ .5 0, to ensure project completion, with an overall total budget of
<br />$423,26,00.
<br />II~D~MNIFIC.~TI[~N
<br />Contractor shall indemnify and save harmless the Agency, its officers and employees, against any
<br />and all damages to property and injuries to or death of any person or persons, including employees or
<br />agents of the Agency, and shall defend, indemnify and save harmless owner and the Agency, its officers
<br />and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature,
<br />including, but not by way of limitation, worker's compensation claims of or by anyone whomsoever in any
<br />way resulting from or arising out of the operations in connection herewith, including operations of
<br />subcontractors and acts or omissions of employees or agents of Contractor or its subcontractors.
<br />TN~Tr1~AN~`F.
<br />with respect to performance of worm under this Contract, Contractor shall maintain and shall
<br />require its subcontractors, if any, to maintain insurance as described below;
<br />~a} workers' compensation insurance with statutory limits, and employer's liability insurance with
<br />limits of not less than $1,000,000 per incident; and
<br />fib} Contractar shall maintain commercial general liability insurance naming the Agency, its
<br />officers, agents, volunteers, and employees as additional insureds} and shall include, but not be limited
<br />to protection against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting from any act or occurrence arising out of Contractor's operations in
<br />the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts
<br />of insurance shall be not less than the following: single limit coverage applying to bodily and personal
<br />injury, including death resulting therefrom, and property damage, in the total amount of $1,00D,000 per
<br />occurrence. Contractor shall supply the Agency with a fully executed additional insured endorsement in
<br />substantially the farm attached hereto as Exhibit B upon execution of this Agreement and shall be
<br />approved in form by the Agency General Counsel,
<br />~c} Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,aoo,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non~owned automobiles,
<br />(d~ Contractor shall ~a~ f~urni.sh properly executed certificates of insurance to the Agency prior to
<br />commencement of work under this Contract, which certificates shall clearly evidence all coverage required
<br />above and provide that such insurance shall not be materially changed or terminated except on 30 days'
<br />prior vv~~tten notice to the Agency; and fib} maintain such insurance from the time work first commences
<br />until completion of the work under this Contract; and ~c~ replace such certificate for policies expiring prior
<br />to completion of work under this Contract.
<br />$4 $ EXHIBIT2
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