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<br /> 6.2 Scope, Contractors,. Developer shall ensure that its contract with each of its Contractors
<br /> Hy contains provisions requiring the Contractor to defend and indemnify the County to the
<br /> minimum level as set forth in this Article.
<br /> 6.2.1 Indemnity. Each Contractor shall defend, indemnify, and hold harmless the County,
<br /> and its elective and appointive boards, commissions, officers, agents, and employees
<br /> from and against all claims, damages, losses, and expenses, including,but not limited
<br /> to, attorneys' fees and costs, of any kind whatsoever, arising out of or resulting from
<br /> Contractor's operations under this Agreement and/or Contractor's operations under
<br /> the Development Documents this Agreement, or any act,omission, negligence,or
<br /> willful misconduct of the Contractor or their respective agents, employees,material
<br /> or equipment suppliers,invitees,or licensees,but only to the extent caused in whole
<br /> or in part by the.acts or omissions of the Contractor, anyone directly or indirectly
<br /> employed by any of them,or anyone for whose acts they may be liable,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 negate, abridge, or
<br /> reduce other rights, or obligations of indemnity, which would otherwise exist as to a
<br /> party,person, or entity described in this paragraph.
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<br /> 6.2.2 Joint and Several Liability. In the event more than one Contractor is connected 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 /> r , Contractors for the loss and expense of any such indemnification shall be 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 /> Flo
<br /> W42-SF:FPD161481145.2 -49-
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