CONTRACTOR SHALL INDEMNIFY Clause Samples
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CONTRACTOR SHALL INDEMNIFY. COUNTY AGAINST ALL LOSSES, LIABILITIES, CLAIMS, CAUSES OF ACTION, AND OTHER EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, ARISING FROM ACTIVITIES OF CONTRACTOR, ITS AGENTS, SERVANTS OR EMPLOYEES, PERFORMED UNDER THIS AGREEMENT TO THE EXTENT THAT RESULT FROM THE NEGLIGENT ACT, ERROR, OR OMISSION OF CONTRACTOR OR ANY OF CONTRACTOR’S AGENTS, SERVANTS OR EMPLOYEES.
CONTRACTOR SHALL INDEMNIFY defend and hold harmless Owner and the State of Utah from and against any liens arising out of the performance of the Work and shall immediately cause any such liens to be released at Contractor’s expense. Owner and the State of Utah shall have the right, but not the obligation, to obtain the release of any lien asserted by any person other than Contractor by paying such claimant directly, in which case the amount of any such payment shall be deducted from any payment owed by Owner to Contractor hereunder or otherwise, or, if amounts owed by Owner to Contractor hereunder or otherwise are not sufficient to fully reimburse Owner or the State of Utah for such payment, Contractor shall pay Owner and/or the State of Utah the amount necessary to fully reimburse Owner of the State of Utah for such payment on demand. Should the Owner exercise the Owner’s rights under Utah Code ▇▇▇. § 38-1a-804 the costs thereof shall be borne by and chargeable to the Contractor to the same extent as the payment(s) described in the previous sentence. Contractor shall not be entitled to receive progress payments until Contractor has provided Owner with a Utah Conditional Waiver and Release Upon Progress Payment in the form prescribed by Utah Code ▇▇▇. § 38-1a-802 from Contractor and Contractor’s Subcontractors, Sub-subcontractors and material suppliers, if any, and Contractor shall not be entitled to receive final payment and/or release of retention until Contractor has provided Owner with a Utah Waiver and Release Upon Final Payment in the form prescribed by Utah Code ▇▇▇. § 38-1a-802 from Contractor and Contractor’s Subcontractors, Sub-subcontractors and material suppliers, if any. Upon final completion of the Project as defined in Utah Code ▇▇▇. § 38-1a-102 Contractor shall assure that a Notice of Completion complying with Utah Code ▇▇▇. § 38-1a-507 is timely filed with the Utah State