Common use of Claims Involving Separate Contractors Clause in Contracts

Claims Involving Separate Contractors. The Design/Builder shall defend and save harmless the Owner and each Separate Contractor against any and all damages or claims that may arise because and to the extent of loss occasioned by the breach of the Design/Builder's obligations hereunder, the costs of which shall be Cost of the Work. In the event that the Design/Builder unnecessarily and unreasonably delays the work of Separate Contractors by not cooperating with them as required hereby, or by not affording them reasonable opportunity to perform their work as stated herein, the Design/Builder shall, in such event, pay, as Cost of the Work, all reasonable direct incremental costs and expenses incurred by such Separate Contractors due to any such delays. If any Separate Contractor shall assert a claim or bring an action against the Owner alleging damage due to the fault or neglect of the Design/Builder, the Owner shall immediately notify the Design/Builder, who shall defend such claim. The Design/Builder shall pay all costs of defense, including attorney's fees, as well as any resulting judgment or settlement, as a Cost of the Work.

Appears in 7 contracts

Samples: Design/Build Agreement Replacement Playground Structures, Design/Build Agreement Replacement Playground Structures, Design/Build Agreement Playground Structures

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Claims Involving Separate Contractors. The Design/-Builder shall defend and save harmless the Owner and each Separate Contractor against any and all damages or claims that may arise because and to the extent of loss occasioned by the breach of the Design/-Builder's obligations hereunder, the costs of which shall be Cost of included in the WorkContract Price. In the event that the Design/-Builder unnecessarily and unreasonably delays the work of Separate Contractors by not cooperating with them as required hereby, or by not affording them reasonable opportunity to perform their work as stated herein, the Design/-Builder shall, in such event, pay, as Cost of the Work, all reasonable direct incremental costs and expenses incurred by such Separate Contractors due to any such delays. If any Separate Contractor shall assert a claim or bring an action against the Owner alleging damage due to the fault or neglect of the Design/-Builder, the Owner shall immediately notify the Design/-Builder, who shall defend such claim. The If it is determined that the Design/-Builder was at fault, the Design-Builder shall pay all costs of defense, including attorney's fees, as well as any resulting judgment or settlement, as a Cost of the WorkContract Price.

Appears in 1 contract

Samples: Design Build Agreement

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