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hold Design-Builder liable for costs and expenses incurred, including attorneys'fees. <br /> 7.4 Design-Builder's General Indemnification. In addition to any other indemnification of defense <br /> obligation that Design-Builder may have under the Contract Documents, Design-Builder shall <br /> defend, indemnify, and hold Owner harmless from and against all claims, demands, losses, <br /> damages, or costs, including but not limited to damages arising out of bodily injury or death to <br /> persons and damage to property, caused by or resulting from: <br /> 7.4.1 The sole negligence of Design-Builder or any of its Subcontractors; <br /> 7.4.2 The concurrent negligence of Design-Builder, or any Subcontractor, but only to the extent <br /> of the negligence of Design-Builder or such Subcontractor; and <br /> 7.4.3 The use of any design, process, or equipment which constitutes an infringement of any <br /> United States patent presently issued,or violates any other proprietary interest, including copyright, <br /> trademark, and trade secret. <br /> In any action against Owner and any other entity indemnified in accordance with this section, by <br /> any employee of Contractor, its Subcontractors, Sub-subcontractors, agents, or anyone directly or <br /> indirectly employed by any of them,the indemnification obligation of this section shall not be limited <br /> by a limit on the amount or type of damages,compensation,or benefits payable by or for Contractor <br /> or any Subcontractor under RCW Title 51, the Industrial Insurance Act, or any other employee <br /> benefit acts. In addition, Contractor waives immunity as to Owner only, in accordance with RCW <br /> Title 51. <br /> Article 8 <br /> Time <br /> 8.1 Obligation to Achieve the Contract Times. Design-Builder agrees that it will commence <br /> performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the <br /> Contract. <br /> 8.2. Delays to the Work <br /> 8.2.1 If Design-Builder is delayed in the performance of the Work due to acts, omissions, <br /> conditions, events, or circumstances beyond its control and due to no fault of its own or those for <br /> whom Design-Builder is responsible, the Contract Time(s) for performance shall be reasonably <br /> extended by Change Order. Delays attributable to and within the control of a Subcontractor or <br /> supplier shall be deemed to be delays within the control of Design-Builder. By way of example, <br /> events that may entitle Design-Builder to an extension of the Contract Time(s) include acts or <br /> omissions of Owner or anyone under Owner's control (including separate contractors), changes in <br /> the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. Design- <br /> Builder shall make all reasonable efforts to prevent and mitigate the effects of any delay, whether <br /> occasioned by an act of Force Majeure or otherwise. <br /> 8.2.2 Design-Builder is not entitled to a change in Contract Time unless the progress of the Work <br /> on the critical path is delayed and completion of the Work within Contract Time is delayed. A <br /> Request for a Change Order that includes a request for an adjustment in the Contract Time shall <br /> be delivered to Owner in accordance with Article 9 and, in addition to any requirements in Article <br /> 9, shall: <br /> a. Include a clear explanation of how the event or conditions specifically impacted the <br /> critical path and overall construction schedule and the amount of the adjustment <br /> in Contract Time requested. <br /> b. Demonstrate that the delay could not have been avoided by re-sequencing of the <br /> East Clearwell Project General Conditions of Contract Page 17 <br />