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rl h ] { r�Y� 6 2 Scone Contractors i ,evel©per hail insure tfiat its Gorr tat�Yonq , } 4 Fy . stooegtrringhe�p � -geonta;nprovsY R rk 34a�?aS 'vW� d¢ ¢ dj i p mtmrrtucn level as set forth u1 th�s;Aritele x; i �'^` E r y li �tf }kxs ' trtiza ti T a �i �ba�� i z� a r > r 1 '*,e '.. a 624' W': Each Coal gtor�s ali�dsfeIRO A � ra4ri R 3 a naYkx and its elective and � t,_ boards cc mt s C t�t " .4+ ra rs? „rt .++yg from and.agpnst ank-c � s dama.es, r ses, lr �nWW� '- 4 { - xrx €a11. T .risw avkyyL'°` i to; attorneys fees and casts',of any,kind whatsoever, xsWz itrg�out h � u from Contractor's operations under thW;�Agree�n -%'A Jlc�I�bnt�,y��r��p�r�ft haVuder T (d iFi Nt sJ y^x�iulµ � �,3 the Development bocumettts this Agrernet, Qc azly aclt' misa1 � 1ince,pr willful ik6ndddof the Contractor or therr respects a za ends„e p oy s,matertal or equipment.suppliers, invitees, or hcersees slut on 'W"'t ole or in part by the acts or omissions of the Contractor anyone directly or ndtrectly employed by any ofthemi or-anyone for whose acts they maybe liable, regardless.of whether or not such-clatm; damages, loss, orexpenS-&1s caused ttt,:part by a porky` indemnified hereunder. .Such obligation shall not be:cotf!Aated to negate,abrrdgt,or;- reduce other rights, ar obligations of indemnity, which would otherwiseexlst'as to a party, person, or entity described in this paragraph: i 6.2.2 Joint and SeveralLiability. In the event more than-one Contractor is ooti ected with { an accident or occurrence covered by this indemnification provision,:.then all such Contractors shall be jointly and severally responsible to each of the Indemnitees for indemnification, and the ultimate responsibility among such indemnifying Contractors for the loss and expense of any such indemnification shall be resolved without jeopardy to any Indemnitee. The provisions of the indemnity provided for herein shall not be construed to indemnify any Indemnitee for its sole negligence if not permitted by law or to eliminate or reduce any other indemnification or right ' which any Indemnitee has by law or equity. 6.3 No Limitation. The Developer's and the Contractor's obligation to indemnify and defend the Indemnitees hereunder shall include, without limitation, any and all claims, damages, and costs: for injury to persons and property and death of any person; for each breach of any warranty, express or implied; for failure of the Developer or the Contractor to comply with any applicable governmental law, rule, regulation, or other requirement; and for products used in connection with Developer's or Contractor's operations under this Agreement and/or Developer's or Contractor's operations under the Development Documents. 6.4. Insurance. 6.4:1. Commercial General Liability Insurance. The Developer shall, at all times during; the Term of this Agreement when development and/or construction is actually occurring on the Property or any portion thereof, maintain or cause to be maintained commercial general liability and property damage insurance, covering the risks of bodily injury and/or death, property damage, and personal injury liability, with total limits of not less than FIVE MILLION W02-SF:FPM61481145.2 -49-