Master Contract Modifications Sample Clauses

Master Contract Modifications. 1. Article 10, Section 10.8 of the Master Contract is replaced in its entirety and Sections 10.8.1 and 10.8.2 are added as follows:

Master Contract Modifications. 1. Article 4, Section 4.3, Item 1 of second sentence of the Master Contract is replaced in its entirety and read as follows: Each Payment Request shall be accompanied by: (1) a partial waiver of lien, in the form attached hereto as Exhibit A and incorporated by reference, executed by the Subcontractor covering the entire amount of the payment requested by the relevant Payment Request, conditioned only upon payment of the amount requested in the subject Request; 2. Article 5, Section 5.2 of the Master Contract is replaced in its entirety and reads as follows:

Master Contract Modifications. 1. Article 10, Section 10.8 of the Master Contract is replaced in its entirety with the following: To the maximum extent permitted by law, Subcontractor shall indemnify and hold harmless Contractor, Owner, their affiliated and parent companies, and the agents and employees, directors, officers, and consultants of Contractor and Owner and their affiliated and parent companies (hereinafter “Indemnitees”) from any lawsuits, causes of action, claims, liabilities and damages, of any kind and nature, including but not limited to, attorney's fees and costs arising out of the performance of this Project Contract, to the extent attributable in part or whole to any act, omission or negligence of Subcontractor, its subcontractors or suppliers of any tier, and including, but not limited to, any and all lawsuits, causes of actions, claims, liabilities and damages, as provided above which Indemnitees may sustain by reason of any failure by Subcontractor to indemnify as provided herein and elsewhere in this Project Contract, or any failure by Subcontractor to otherwise perform its obligations pursuant to this Project Contract, or by reason of the injury to or death of any person or persons or the damage to, loss of use of or destruction of any property resulting from Work undertaken herein, including the use or rental of any equipment supplied by Indemnitees. Subcontractor’s obligation to indemnify and hold harmless the Indemnitees shall not include the proportionate share of damages to which the Indemnitees’ negligence was a proximate cause of the damages. 2. Article 8, Insurance Requirements of the Master Contract is modified to provide that any insurance required by Article 8 shall not require Subcontractor to insure for costs, losses, or damages to the extent such costs, losses or damages are caused by Indemnitees. For purposes of this modification, Indemnitees shall be as defined in Section 10.8 of the Master Contract.