Common use of Contractor’s Liability Clause in Contracts

Contractor’s Liability. 3.1 Contractor assumes the entire responsibility and liability for, and agrees to hold Owner, Owner’s members, residents, directors, officers, agents, managers, employees, partners, affiliates, beneficiaries and anyone else acting on behalf of any of the foregoing (all of said parties are hereinafter sometimes collectively referred to as “Indemnitees”) harmless from, any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons whether employees of Contractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the Work, and all damage, direct or indirect, of whatsoever nature, resulting from the performance of the Work. If any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim be based upon any alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty, administrative regulation (whether nondelegable or otherwise) or obligation on the part of an Indemnitee or its agents, or otherwise, Contractor agrees to indemnify and save such Indemnitee harmless from and against all losses and all liabilities, expenses and other detriments of every nature and description (including attorneys’ fees), to which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of Contractor’s subcontractors, employees, agents, invitees or licensees, where such loss, liability, expense or other detriment arises out of or in connection with any negligent act or intentional misconduct in the performance of Work, including, but not limited to, personal injury and loss of or damage to property of the Indemnitee or others.

Contractor’s Liability. 3.1 To the extent permitted by applicable law, the Contractor assumes the entire responsibility and liability for, and agrees to hold Owner, Owner’s membersArchitect, residentsSunbelt Investment Holdings Inc., directors, officers, and their agents, managers, employees, partners, affiliatesaffiliated entities, beneficiaries and anyone else acting on behalf of any of the foregoing (all of said parties are hereinafter sometimes collectively referred to as “Indemnitees”) harmless from, any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to the Indemnitees and all other persons whether employees of the Contractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with any negligent or intentional misconduct in the execution of the WorkWork by Contractor, and all damageany Subcontractor or any other party acting on behalf of Contractor, direct the breach by Contractor, a Subcontractor or indirectany other party acting on behalf of Contractor of any provision hereof, or the failure of whatsoever natureContractor, resulting from the performance any Subcontractor or any other party acting on behalf of the WorkContractor to comply with applicable Law. If any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim be based upon any alleged active or passive negligence or participation in the wrong negligence, wrongful act or upon any alleged breach of any statutory duty, administrative regulation (whether nondelegable non-delegable or otherwise) or obligation on breach of the part provisions of an Indemnitee this Contract by Contractor or its Subcontractors, agents, employees, invitees or otherwiselicensees, the Contractor agrees to indemnify indemnify, defend and save such Indemnitee the Indemnitees harmless from and against all losses and all liabilities, expenses and other detriments of every nature and description (including reasonable attorneys’ ' fees, expert fees and litigation expenses), to which the Indemnitee may be subjected by reason of any negligent act or omission of Contractor or of any of the Contractor’s subcontractors, the Subcontractors, and their employees, agents, invitees or licensees, where such loss, liability, expense or other detriment arises out of or in connection with any negligent act or intentional misconduct in the performance of Work, including, but not limited to, personal bodily injury and loss of or damage to property of the Indemnitee or others. The Contractor agrees to assume on behalf of the Indemnitee or their agents or contractors the defense through counsel of any action at law or equity which may be brought against any of such parties upon such claim and to pay on behalf of same upon demand the amount of any judgment which may be entered against any of such parties in any such action. The obligation under this paragraph shall be continuing and shall not be diminished by any approval or acceptance of or payment for Work by Owner or its agents. In claims against an Indemnitee by an employee of Contractor or a Subcontractor or anyone for whose acts Contractor may be liable, the indemnification obligation under this Article III shall not be limited by the amount of any bond or insurance protection nor a limitation on the amount or type of damages, compensation or benefits payable by or for the Indemnitor or the Indemnitors subcontractors under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts and Contractor and each Subcontractor hereby waive any limitation of liability whatsoever, including but not limited to limitations based upon any Worker's Compensation Act or similar law. The liability of Contractor under this Article III shall be only to the extent caused in whole or in part by Contractor, its Subcontractors or anyone directly or indirectly employed by Contractor or any Subcontractor or anyone for whose acts Contractor may be liable. Without limiting the generality of the foregoing, the indemnity hereinabove set forth shall include all liability, damages, loss, claims, demands and actions on account of bodily injury, death or property loss to any Indemnitee and any of Indemnitee's employees, agents, contractors, licensees or invitees, whether based upon or claimed to be based upon, statutory (including, without limitation, workmen's compensation), contractual, tort or other liability of any Indemnitee, contractor or subcontractor or any other persons.