James W. Fowler Co. 12/1/2021 - Laserfiche WebLink

Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys' fees. 7.4 Design-Builder's General Indemnification. Design-Builder's General Indemnification. In addition to any other indemnification of defense obligation that Design-Builder may have under the Contract Documents, Design-Builder shall defend, indemnify, and hold Owner harmless from and against all claims,demands,losses,damages,or costs, including but not limited to damages arising out of bodily injury or death to persons and damage to property, caused by or resulting from: 7.4.1 The sole negligence of Design-Builder or any of its Subcontractors; 7.4.2 The concurrent negligence of Design-Builder, or any Subcontractor, but only to the extent of the negligence of Design-Builder or such Subcontractor; and 7.4.3 The use of any design, process, or equipment which constitutes an infringement of any United States patent presently issued,or violates any other proprietary interest, including copyright, trademark, and trade secret. In any action against Owner and any other entity indemnified in accordance with this section, by any employee of Design-Builder, its consultants of any tier, Subcontractors, Sub-subcontractors, agents, or anyone directly or indirectly employed by any of them, the indemnification obligation of this section shall not be limited by a limit on the amount or type of damages, compensation, or benefits payable by or for Design-Builder or any consultant or Subcontractor under RCW Title 51, the Industrial Insurance Act,or any other employee benefit acts. In addition, Design-Builder waives immunity as to Owner only, in accordance with RCW Title 51.7.5 Article 8 Time 8.1 Obligation to Achieve the Contract Times. 8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 6 of the Contract. 8.2 Delays to the Work. 8.2.1 If Design-Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design-Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. Delays attributable to and within the control of a Subcontractor or supplier shall be deemed to be delays within the control of Design-Builder. By way of example, events that may entitle Design-Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. Design- Builder shall make all reasonable efforts to prevent and mitigate the effects of any delay, whether occasioned by an act of Force Majeure or otherwise. 8.2.2 Design-Builder is not entitled to a change in Contract Time unless the progress of the Work on the critical path is delayed and completion of the Work within Contract Time is delayed. A Request for a Change Order that includes a request for an adjustment in the Contract Time shall be delivered to Owner in accordance with Article 9 and, in addition to any requirements in Article 9, shall: GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 19