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6 2 :,Scope Contractors Develo�er l <br /> contaiis,provisrons requ#nng'tic�otict�iJo de�`��d�ad t�f� ,�� ���ry Y ����'�Q ���dy��,�� <br /> ` t- f y r.r. 4 iu f 2 3 i 4< '°✓if <br /> � <br /> m�rur�num level as se forth m tlhs <br /> t Atte J xa r <br /> n,u4da > <br /> a _ ? <br /> 6 2 1 Indemrr Filch Conratrshalldo 'd; nce� u � � u K' <br /> IM <br /> Of <br /> ` Y` ' <br /> aitd �tselectr've d- <br /> f <br /> fiam"and against all elars,,clattges,;losses, fittdenso ict �� 01��� <br /> :: r , 3 r o a t 2 Yri�>� tawf �to, attorneys >fees and costs, of at�y ktnd wliatsoen [sig from, <br /> Cont mctor'soperattons under thrs Agreepnent or aCt, art z, nt <br /> ment Docmnis Agrecm <br /> tflt�$a <br /> er ' <br /> 1 - ill <br /> wfitl mtscoriduct of the Contractor or(heir respccti�re agrtt�, ploes m t]pYal,` <br /> + or equip -gnt'suppliers, tnvitees, or lrcensees,-but oY1. <br /> to t o cx t'oau ui rfrole, <br /> or in part by the acts or omissroris of th Contractors anyone a; h or ndI X. <br /> employed by any of"them; or anyone for whose acts=they rriay be`lre,'regardless of <br /> whether or not such claim, damages, loss, or expense rs caused tri part by a party <br /> indemnified hereunder: .Such obligation shall not be'construed to negate, abmclge?or <br /> reduce other rights, or obligations of indemnity, which Would otlierwt5e:eXlst``as to a <br /> party, person, or entity described in this paragraph: <br /> 6.2.2 Joint and Several Liability. Iri the event more than one.Contractor.is connected with <br /> an accident or occurrence covered by this indemnification'provision, ihen all such <br /> Contractors shall be jointly and severally responsible to each of the'hidemnitees for <br /> indemnification, and the ultimate responsibility among such indemnifying <br /> Contractors for the loss and expense of any such indemnification shall beresolved <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 /> 63 No Limitation. The Develo er's and the Contractor's obligation to indemnify p g 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 MILUO_ N <br /> W02-SF:FPM61481145.2 -49- <br />