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Y 3 <br /> 6.2 Scope; Conti actors Developer shaJ1nstxre thatts batt �A1,111,111.hy `sCryncis <br /> contains ovslo s re #Itrin , MY <br /> g o f for Q d fe d,a d �, <br /> 3 <br /> nunimum level as set Earth m th[s <br /> z." t <br /> 6 2;1 ''Ind MIS <br /> a r ,ywf.�1 as <br /> and Its elective:'andgative bs� ¢s;cQirI �s; <br /> fromacid against all t 1IIs,ctaxnges,�lvsse ; ric� s d5tntt . , <br /> T <br /> to; attorneys fees and posts; of any kind yvha� flever, s�ittg gfgt�o rr �g frim <br /> Contractor's operations under thzs° _greerIent antlfdroi3t> trtpt ­� ricer <br /> the Development Documents this_Agrepili[ent,sac ant aet;' tsOr <br /> s ©ftien <br /> ix1 wi ai. a . ... , z <br /> willful mtscanduct of`the Contractor or their respeetivc,� ents,cpars,mte,�tal <br /> , � <br /> or.equipenv suppliers, Invitees, or licensees,but only to tIe ex tItuei v #Iac <br /> or in part by the acts or omissions of the Coritracto#, anyoneitreictly or tricIrectly <br /> employed by arty of them; or anyone for Wr e� is they maybe iia ie, regardless of <br /> whether or,not such claim, damages, loss;or expense is caused in part by a party <br /> indemnified hereunder. Such obligation shall not be construed to regale; abridge,or:< <br /> reduce other rights, orobligations of indemiuty,whicfi woutd otherwise-exist"as to.a` <br /> party, person, or entity described in this paragraph; <br /> 6.2.2 Joint and Several Liability: In the event more thawone Contractor-is oonneeted with <br /> an accident or occurrence covered by this indemnification provision, then all such <br /> Contractors shall be jointly and'severally responsible to each of the Indemnitees for <br /> indemnification, and the ultimate responsibility among such indemnifying <br /> Contractors for the loss and expense of any such indemnification shall he resolved <br /> without jeopardy to any Indemnitee. The provisions of the indemnity provided for <br /> herein shall not be construed to indemnify any Indemnitee for its sole negligence if <br /> not permitted by law or to eliminate or reduce any other indemnification or right <br /> which any Indemnitee has by law or equity. <br /> 6.3 No Limitation. The Developer's and the Contractor's obligation to indemnify and defend <br /> the Indemnitees hereunder shall include, without limitation, any and all claims, damages, and <br /> costs: for injury to persons and property and death of any person; for each breach of any <br /> warranty, express or implied; for failure of the Developer or the Contractor to comply with any <br /> applicable governmental law, rule, regulation, or other requirement; and for products used in <br /> connection with Developer's or Contractor's operations under this Agreement and/or <br /> Developer's or Contractor's operations under the Development Documents. <br /> 6.4. Insurance. <br /> 6.4.1. Commercial General Liability Insurance. The Developer shall, at all times <br /> during the Term of this Agreement when development and/or construction is actually occurring <br /> on the Property or any portion thereof, maintain or cause to be maintained commercial general <br /> liability and property damage insurance, covering the risks of bodily injury and/or death, <br /> property damage, and personal injury liability, with total limits of not less than FIVE MILLION <br /> W02-SF:FPD161481145-2 -49- <br />