Construction Claims. In the event that this Agreement is relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of any building, highway, road, excavation, or other structure, project, development, or improvement attached to real estate (specifically including moving or demolition in connection therewith) and therefore subject to RCW 4.24.115, CONSULTANT shall defend, indemnify and hold harmless the CITY from all losses to the extent caused, or alleged to be caused, by any violation of law, including state, federal or municipal law or ordinance, or any negligent act or omission of CONSULTANT. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY.
Construction Claims. To the extent there are construction related Claims, or to the extent this Agreement is construed by a court of law to be a construction contract, all indemnity obligations construed to be related to construction shall be read as if including the carve out “except to the extent Claims are caused by the sole or active negligence or willful misconduct of the indemnified party.”
Construction Claims. In the event that this Agreement is relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of any building, highway, road, excavation, or other structure, project, development, or improvement attached to real estate (specifically including moving or demolition in connection therewith) and therefore subject to RCW 4.24.115, Consultant shall defend, indemnify, and hold harmless the City from all losses to the extent caused or alleged to be caused by any violation of law, including state, federal, or municipal law or ordinance, or by any negligent act or omission of Consultant. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent, or contributory) of the City. In any and all claims against the City by any employee of Consultant, the indemnification obligations set forth above shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for Consultant under the applicable worker’s or workmen’s compensation, benefit, or disability laws (including but not limited to the Industrial Insurance laws, Title 51 of the Revised Code of Washington). Consultant expressly waives any immunity Consultant might have under such laws and, by entering into this Agreement, acknowledges that this waiver has been mutually negotiated. The obligations of this Paragraph shall not be construed to negate, abridge, or otherwise reduce any other right or obligation which would otherwise exist as to any person or entity described in this paragraph. For purposes of this Paragraph only, the term “City” shall mean and include the City and its council members and other elected officials, other officers, employees, and agents, and the term “Consultant” shall mean and include Consultant, all of its Subconsultants and suppliers at all tiers, agents, and any other person directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. The parties recognize that one party may have unique knowledge or involvement in the acts that certain claims are based on; therefore, the parties agree that upon receipt or service of a claim arising out of or related to the work or project which is the subject of this Contract, the parties hereto will cooperate in good faith in the defense of any claim. The intent and purpose of this subsection is to ensure the good faith cooperat...
Construction Claims. 5 SECTION 3.11 Documents...................................... 5 SECTION 3.12 No Mis-Statement of Material Facts............. 5 SECTION 3.13 Capitalization................................. 5 SECTION 3.14 Foreign Person................................. 6 SECTION 3.15
Construction Claims. To Carriage House's actual knowledge, all contractors, subcontractors, laborers and materialmen who have performed work upon or furnished labor and/or materials to improve or benefit any Leased Real Property have been paid in full and, with respect to Owned Real Property, have been paid current or within the terms of the applicable construction contracts.
Construction Claims. The City shall, after notice to and consultation with District, assert against the Contractor (or any approved subcontractor) constructing any portion of the Water Main Replacement any claim that the City or District may have against the Contractor under the Contract Documents and/or guarantee and/or warranty. In any event, the City shall provide written notice to District of each and every breach of the Contract Documents, guarantees or warranties concerning the Water Main Replacement. In the event the Contractor asserts any claims against the City, the City shall provide District with written notice of each and every claim. The Parties will work together to resolve such claims without litigation. In the event litigation becomes necessary, the Parties agree that the City may, at its discretion, defend such claims; however, at the City’s sole discretion it may elect not to defend or initiate such claims, in which case the Parties may mutually agree upon an attorney to represent them. The Parties will establish the responsible Party for such claim and pro-rate the cost to resolve such claims and any litigation related thereto (which costs shall include but not be limited to related consultant costs and attorneys’ fees) based on their respective share of the cost of the public improvements involved in such claim(s) and respective liability, if any. The City shall include indemnification provisions in the Construction Contract providing the same protection to the District as is provided to the City.
Construction Claims. There are no bills or claims in connection with the construction of or any repairs to the Land, the Improvements, or the Tangible Personal Properties that have not been paid when due, other than bills or claims that are being contested in good faith and for which Sellers will remain responsible.
Construction Claims. In the event that this Agreement is relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of any building, highway, road, excavation, or other structure, project, development, or improvement attached to real estate (specifically including moving or demolition in connection therewith) and therefore subject to RCW 4.24.115, CONSULTANT shall defend the CITY from all such losses to the extent it is alleged to be caused by any violation of law, including state, federal or municipal law or ordinance, or negligent act, omission, breach of contract or willful or intentional misconduct of CONSULTANT, and CONSULTANT shall indemnify and hold harmless the CITY from all losses to the extent caused, by any violation of law, including state, federal or municipal law or ordinance, or any negligent act or omission of CONSULTANT. In the event of third party claims or losses that are caused by the concurrent negligence or fault of the CONSULTANT and the CITY, or the concurrent negligence or fault of a another party not under contract with or control of CONSULTANT, CONSULTANT’s obligation of indemnity under this subparagraph, including the cost to defend hereunder shall be only to the proportationate extent caused by CONSULTANT’S violation of law, negligent act, omission or breach of contract or willful or intentional misconduct.
Construction Claims. Except for any work and services contracted by Tenant or its employees, agents, or contractors and work and services provided in connection with the day-to-day maintenance of the Property, to Seller's actual knowledge, no work has been performed or is in progress at the Property, and no materials have been delivered to the Property that might provide the basis for a mechanic's, materialman's or other lien against the Property or any portion thereof.
Construction Claims. Contractor is hereby notified of Section 9204 and Section 20104 et seq. of the Public Contract Code as those sections relate to the resolution of construction claims, and to Section 3186 of the Civil Code, as amended January 1, 1999, with regard to stop notices and public entity’s rights to retain monies in order to provide for that entity’s reasonable cost of litigation. The Contractor is further notified that all provisions of Sections 9204 et seq. and 20104 et seq. of the Public Contract Code and Section 3186 of the Civil Code, as outlined above, shall be considered as incorporated into and become integral part of this contract.
