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discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If
<br /> Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold
<br /> Design-Builder liable for costs and expenses incurred, including attorneys' fees.
<br /> 7.4 Design-Builder's General Indemnification. Design-Builder's General Indemnification. In
<br /> addition to any other indemnification of defense obligation that Design-Builder may have under the
<br /> Contract Documents, Design-Builder shall defend, indemnify, and hold Owner harmless from and
<br /> against all claims,demands, losses,damages, or costs, including but not limited to damages arising
<br /> out of bodily injury or death to 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 Design-Builder, its consultants of any tier, Subcontractors, Sub-subcontractors,
<br /> agents, or anyone directly or indirectly employed by any of them, the indemnification obligation of
<br /> this section shall not be limited by a limit on the amount or type of damages, compensation, or
<br /> benefits payable by or for Design-Builder or any consultant or Subcontractor under RCW Title 51,
<br /> the Industrial Insurance Act, or any other employee benefit acts. In addition, Design-Builder waives
<br /> immunity as to Owner only, in accordance with RCW Title 51.7.5
<br /> Article 8
<br /> Time
<br /> 8.1 Obligation to Achieve the Contract Times.
<br /> 8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the
<br /> Contract Time(s) in accordance with Article 6 of the 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 /> GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 19
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